Longmuir v. Saul

Filing 17

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, )

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Case 5:21-cv-00371-ML Document 17 Filed 01/10/22 Page 1 of 2 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ DEBRA L., Plaintiff, v. 5:21-cv-0371 (ML) COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: CHERMOL FISHMAN LLC Counsel for the Plaintiff 11450 Bustleton Avenue Philadelphia, Pennsylvania 19116 DAVID F. CHERMOL, ESQ. SOCIAL SECURITY ADMINISTRATION Counsel for the Defendant J.F.K. Federal Building 15 New Sudbury Street Boston, Massachusetts 02203 LISA G. SMOLLER, 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 Lisa G. Smoller , 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 David F. Chermol, having consented to the within order Case 5:21-cv-00371-ML Document 17 Filed 01/10/22 Page 2 of 2 and the requested remand (Dkt. No. 16), 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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