Crane v. Commissioner of Social Security

Filing 21

ORDER WITH REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g): that this Court hereby Reverses the Commissioners decision under sentence four of 42 U.S.C. § 405(g), with a remand of the cause to the Commissioner for further proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). The Clerk of the Court will enter a separate judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. As there remains no justiciable dispute pending between the parties, upon the Clerks entry of judgment, the Courts jurisdiction over this case shall terminate, except for purposes of consideration and determination of motions for attorneys fees. Signed by Judge Brenda K. Sannes on 05/10/2022. (hmr)

Case 5:21-cv-00472-BKS Document 21 Filed 05/10/22 Page 1 of 2

United States District Court
Northern District of New York
Amanda C., obo D.K.C.,
Plaintiff,

)
)
)
v.
)
)
Kilolo Kijakazi,
)
Acting Commissioner of the Social )
Security Administration,
)
Defendant.
)

Case No. 5:21-cv-00472-BKS
Brenda K. Sannes
United States District Court Judge

ORDER WITH REMAND PURSUANT
TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
The Defendant, Kilolo Kijakazi, Acting Commissioner of the Social Security
Administration (“Commissioner”), has moved this Court, pursuant to sentence four of 42 U.S.C.
§ 405(g), to enter a judgment reversing her decision with remand of the cause for further
administrative proceedings.
Upon remand by this Court, the Appeals Council will remand this matter to an
Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed to conduct a new
hearing and issue a new decision.
Pursuant to the power of this Court to enter a judgment affirming, modifying, or
reversing the Commissioner’s decision with remand in Social Security actions under sentence
four of 42 U.S.C. § 405(g), and in light of the Commissioner’s request to remand this action for
further proceedings, this Court hereby:
REVERSES the Commissioner’s decision under sentence four of 42 U.S.C. § 405(g),
with a remand of the cause to the Commissioner for further proceedings. See Melkonyan v.
Sullivan, 501 U.S. 89 (1991). The Clerk of the Court will enter a separate judgment pursuant to
Rule 58 of the Federal Rules of Civil Procedure. As there remains no justiciable dispute pending

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Case 5:21-cv-00472-BKS Document 21 Filed 05/10/22 Page 2 of 2

between the parties, upon the Clerk’s entry of judgment, the Court’s jurisdiction over this case
shall terminate, except for purposes of consideration and determination of motions for attorney’s
fees.

SO ORDERED this _____ day of __________.
10th
May, 2022

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