Strait v. Commissioner of Social Security

Filing 23

ORDER re 22 Stipulation filed by Commissioner of Social Security. IT IS 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 11/18/2021. (ds)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
SUSAN S.,
Plaintiff,
v.

3:20-cv-01226
(ML)

COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant.
________________________________________
APPEARANCES:

OF COUNSEL:

LAW OFFICES OF KENNETH HILLER, PLLC
Counsel for the Plaintiff
6000 North Bailey Avenue - Suite 1A
Amherst, New York 14226

JUSTIN M. GOLDSTEIN, ESQ.

SOCIAL SECURITY ADMINISTRATION
Counsel for the Defendant
J.F.K. Federal Building
15 New Sudbury Street
Boston, Massachusetts 02203

CHRISTOPHER L. POTTER, 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 Christopher L. Potter, 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 be taken; and Plaintiff, through counsel Justin M. Goldstein, having

consented to the within order and the requested remand (Dkt. No. 22), and the Court having
considered the matter,
IT IS on this 18th day of November, 2021,
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: November 18, 2021
Binghamton, New York

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