MENDEZ v. COMMISSIONER OF SOCIAL SECURITY

Filing 10

CONSENT ORDER reversing the final decision of the Commissioner & remanding matter to the deft for further administrative action. Signed by Judge Peter G. Sheridan on 12/22/09. (sr, )

Case 2:09-cv-04284-PGS

Document 9-1

Filed 12/14/09

Page 1 of 2

Paul J. Fishman United States Attorney Newark, New Jersey John M. Kelly Special Assistant U.S. Attorney do Social Security Administration Office of the General Counsel 26 Federal Plaza, Room 3904 NewYork,NY 10278 [phone], Ext. 234 Fax: [phone] John.M.Kellyssa,gov

UNITED STA TES DISTRICT COURT DISTRICT OF NEW JERSEY

x LUISA.MENDEZ,
Plaintit v. : : Hon. Peter G. Sheridan Civil Action No. 09-4284 CONSENT ORDER TO RE1AN1) PURSUANT TO SENTENCE 6 OF 42 U.S.C. § 405(g)

COMMISSIONER OF
SOCIAL SECURITY, Defendant.

:

:

x

This matter having been opened to the Court by Paul J. Fishman, United States Attorney

for the District of New Jersey, and John M. Kelly, Special Assistant United States Attorney, attorneys for Defendant. fbr an Order remanding the within cause of action to the Defendant, because the tape recording of the administrative hearing cannot be transcribed, pursuant to sentence 6 of 42 U.S.C.
405(g), so that further administrative action may be taken, including

the holding of a new hearing and the issuance of a new decision; and Plaintiff, through the undersigned attorney, ha\ ing consented to the within order and the recjuested remand, and the

Case 2:09-cv-04284-PGS Document 9-1

Filed 12/14/09 Page 2 of 2

Court having considered the matter, IT IS on this >ay of December, 2009; ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for this further administrative action, and it is further ORDERED that the Court will retain jurisdiction over the within matter, in accord with the decision in Melkonyan v. Sullivan, 501 US. 89 (1991).

Honorable Peter C. Sheridan United States District Court The undersigned hereby consent to the form and entry of the within order.

ik

PAUL J. FISH MAN United States Attorney

By:

Is! John M. Kelly John M. Kelly Special Assistant US. Attorney

LANGTON & ALTER
S/JAMES tANSTON

By:

James Langton Attorney for Plaintiff