Kisacky v. O'Malley

Filing 14

ORDER GRANTING the 13 Stipulation filed by Martin J. O'Malley: The Commissioner's final decision be reversed and that this action be remanded to the Commissioner for further administrative proceedings. The parties agree that on remand, the Commissioner will offer the plaintiff the opportunity for a hearing, take further action as necessary to complete the administrative record, and issue a new decision. Signed by Magistrate Judge Daniel J. Stewart on 9/24/2024. (sbb)

United States District Court
Northern District of New York
RANA KISACKY,
Plaintiff,
vs.
MARTIN O’MALLEY,
Commissioner of
Social Security,
Defendant.

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Case 3:24-cv-00493

Stipulation – Document Filed Electronically

Parties’ Stipulation for Remand
The parties stipulate that, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the
Commissioner’s final decision be reversed and that this action be remanded to the Commissioner for
further administrative proceedings. The parties agree that on remand, the Commissioner will offer
the plaintiff the opportunity for a hearing, take further action as necessary to complete the
administrative record, and issue a new decision. The parties consent to the entry of judgment
pursuant to Rule 58 of the Federal Rules of Civil Procedure.
Respectfully Submitted,
MARTIN O’MALLEY

RANA KISACKY,

By His Attorneys,

By Her Attorney,

Carla B. Freedman,
United States Attorney

Peter A. Gorton

/s/ Shannon Fishel
Shannon Fishel
Special Assistant United States Attorney
Office of Program Litigation, Office 2
Office of the General Counsel
Social Security Administration
6401 Security Boulevard
Baltimore, MD 21235
[phone]
[e-mail]

/s/ Peter A. Gorton
Peter A. Gorton
Attorney for Plaintiff
1500 East Main Street
P.O. Box 89
Endicott, NY 13761-0089
[phone]
[e-mail]

9/24/2024