Coleman v. Commissioner of Social Security

Filing 11

CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g): It is ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for further administrative action including a de novo hearing. It is further ORDERED that the within matter, be and hereby is, DISMISSED, and the Clerk is hereby directed to enter judgment, in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991). Signed by Senior Judge Frederick J. Scullin, Jr. on 3/2/2017. (nmk)

RICHARD S. HARTUNIAN
United States Attorney
Emily M. Fishman
Special Assistant U.S. Attorney
c/o Social Security Administration
Office of the General Counsel
26 Federal Plaza, Room 3904
New York, NY 10278
[phone]
[e-mail]
Bar Roll No. 518330
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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ALTHEA M. COLEMAN,
Plaintiff,
No. 1:16-cv-01026-FJS-DEP
v.
NANCY A. BERRYHILL,1 ACTING
COMMISSIONER OF SOCIAL SECURITY,

CONSENT ORDER TO REMAND
PURSUANT TO SENTENCE 4 OF
42 U.S.C. § 405(g)

Defendant.
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This matter having been opened to the Court by Richard S. Hartunian, United States
Attorney for the Northern District of New York, and Emily M. Fishman, Special Assistant
United States Attorney, attorneys for the Defendant, for an Order remanding the within cause of
action to the Defendant pursuant to sentence 4 of 42 U.S.C. ' 405(g) so that further
administrative action may be taken; and Plaintiff, through the undersigned attorneys, having
consented to the within order and the requested remand; and the Court having considered the
matter,
1 Nancy A.

Berryhill is now the Acting Commissioner of Social Security. Pursuant to Rule 25(d)
of the Federal Rules of Civil Procedure, Nancy A. Berryhill should be substituted for Acting
Commissioner Carolyn W. Colvin as the defendant in this suit. No further action needs to be
taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security
Act, 42 U.S.C. § 405(g).

IT IS on this 2nd day of March, 2017;
___
ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the
matter is REMANDED to the Defendant for further administrative action including a de novo hearing,
and it is further
ORDERED that the within matter, be and hereby is, DISMISSED, and the Clerk is hereby
directed to enter judgment, in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991).

United States District/Magistrate Judge
The undersigned hereby consent to the form and entry of the within order.

RICHARD S. HARTUNIAN
United States Attorney
BY:

/s/ Emily M. Fishman
Emily M. Fishman, Esq.
Special Assistant United States Attorney
Attorney for Defendant
Bar Roll No. 518330
[e-mail]
/s/ Peter M. Margolius
Peter M. Margolius, Esq.
Attorney for Claimant
7 Howard Street
Catskill, NY 12414
[phone]
[e-mail]