Cosme v. Berryhill

Filing 11

STIPULATION & ORDER: Approving the # 10 Stipulation, the parties stipulate that the # 1 Complaint - Social Security Appeal be and hereby is REVERSED and REMANDED pursuant to sentence four of 42 U.S.C. § 405(g), for the purpose of conducting further administrative proceedings. Upon remand, the Appeals Council will instruct the Administrative Law Judge to conduct further proceedings and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, including offering Plaintiff the opportunity for a new hearing, and issue a new decision. Signed by US Magistrate Judge Andrew T. Baxter on 10/3/2017. (jmb)

UNITED STATES DISTRICT COURT
NORTHERN DISCTRICT OF NEW YORK
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BOBBIJO COSME,
:
:
Plaintiff,
:
:
- v. :
:
NANCY A. BERRYHILL,
:
Acting Commissioner of Social Security,
:
:
Defendant.
:
:
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STIPULATION AND ORDER
5:17 Civ. 00330 (ATB)

IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the
parties, that this action be, and hereby is, reversed and remanded pursuant to sentence four of 42
U.S.C. § 405(g), for the purpose of conducting further administrative proceedings. Upon remand,
the Appeals Council will instruct the Administrative Law Judge to conduct further proceedings
and develop the administrative record as necessary to determine whether Plaintiff is disabled
within the meaning of the Social Security Act, including offering Plaintiff the opportunity for a
new hearing, and issue a new decision.
The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993).
October 3, , 2017
Dated: September 2017
Olinsky Law Group
By:

/s/ Howard D. Olinsky
Howard D. Olinsky, Esq.
Attorney for Plaintiff
300 South State Street, Suite 420
Syracuse, NY 13202
Tel: [phone]
Fax: [phone]
Email: [e-mail]

GRANT C. JAQUITH
Acting United States Attorney
Northern District of New York
Attorney for the Defendant
By:
/s/ Sixtina Fernandez
Sixtina Fernandez
Special Assistant United States Attorney
26 Federal Plaza, Room 3904
New York, NY 10278
Tel: [phone]
Fax: [phone]
Email: [e-mail]

SO ORDERED:

___________________________________
Andrew T. Baxter
United States Magistrate Judge