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, )
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
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?