Jones v. Commissioner of Social Security

Filing 14

CONSENT ORDER TO REMAND: 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. It is further ORDERED that the within matter, be and her eby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991). It is further ORDERED that nothing in this order prohibits Plaintiff from filing a request for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. 2412. Signed by Magistrate Judge David E. Peebles on 11/12/2013. (nmk)

UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
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DIONNARAE Z. JONES,
CONSENT ORDER TO
REMAND PURSUANT TO
SENTENCE 4 OF
42 U.S.C. § 405(g)
Civil Action
No. 13-cv-381 (TJM/DEP)

Plaintiff,

v.

CAROLYN W. COLVIN, ACTING
COMMISSIONER OF SOCIAL SECURITY,
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 Benil Abraham, Special Assistant United
States Attorney, attorney 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 de novo hearing, may be taken; and Plaintiff, through the undersigned attorney,
having consented to the within order and the requested remand, and the Court having considered
the matter,
IT IS on this 12th

day of November

, 2013;

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 in this order (and subsequent final judgment) prohibits
Plaintiff from filing a request for attorney’s fees pursuant to the Equal Access to Justice Act, 28

U.S.C. §2412.

HON. DAVID E. PEEBLES
UNITED STATES DISTRICT COURT
Dated: 11/12/2013
The undersigned hereby consent to the form and entry of the within order.
Richard S. Hartunian
United States Attorney

By:

s/ Benil Abraham
Benil Abraham
Special Assistant U.S. Attorney
Bar No. 515940
Social Security Administration
Office of the General Counsel
26 Federal Plaza, Room 3904
New York, NY 10278

By:

s/ Steven R. Dolson
Steven R. Dolson, Esq.
Bar No. 512788
6000 N. Bailey Avenue, Suite 1A
Amherst, NY 14228