Hornbeck v. Saul
Filing
15
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. Section 405(g): It is hereby 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 within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from seeking attorney's fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412. Signed by Magistrate Judge Miroslav Lovric on 1/10/2022. (pjh, )
Case 1:21-cv-00068-ML Document 15 Filed 01/10/22 Page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
KATELYN H.,
Plaintiff,
v.
1:21-cv-0068
(ML)
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant.
________________________________________
APPEARANCES:
OF COUNSEL:
LACHMAN, GORTON LAW FIRM
Counsel for the Plaintiff
P.O. Box 89
1500 East Main Street
Endicott, New York 13761-0089
PETER A. GORTON, ESQ.
SOCIAL SECURITY ADMINISTRATION
Counsel for the Defendant
J.F.K. Federal Building
15 New Sudbury Street
Boston, Massachusetts 02203
NICOLE BOUDREAU, ESQ.
Special Assistant United States
Attorney
MIROSLAV LOVRIC, United States Magistrate Judge
CONSENT ORDER TO REMAND PURSUANT
TO SENTENCE 4 OF 42 U.S.C. § 405(g)
This matter having been opened to the Court by CARLA B. FREEDMAN, United States
Attorney for the Northern District of New York, and Nicole Boudreau, Special Assistant United
States Attorney, attorneys for 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,
including a hearing before an Administrative Law Judge and the issuance of a new decision, may
Case 1:21-cv-00068-ML Document 15 Filed 01/10/22 Page 2 of 2
be taken; and Plaintiff, through counsel Peter A. Gorton, having consented to the within order
and the requested remand (Dkt. No. 14), and the Court having considered the matter,
IT IS on this 10th day of January, 2022,
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 within matter, be and hereby is, DISMISSED in accord with the
decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991); and it is further
ORDERED that nothing within this consent order shall be deemed to bar Plaintiff from
seeking attorney’s fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412.
Dated: January 10, 2022
Binghamton, New York
2
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