Romanyk v. Commissioner of Social Security
Filing
16
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g). 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 furtherORDERED 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 attorneys fees under the Equal Access to Justice Act (EAJA), 42 U.S.C. § 2412. Signed by Magistrate Judge Miroslav Lovric on 1/17/2023. (khr)
Case 5:22-cv-00615-ML Document 16 Filed 01/17/23 Page 1 of 2
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
________________________________________
CHRISTOPHER R.,
Plaintiff,
v.
5:22-CV-0615
(ML)
COMMISSIONER OF SOCIAL SECURITY
ADMINISTRATION,
Defendant.
________________________________________
APPEARANCES:
OF COUNSEL:
LAW OFFICES OF KENNETH HILLER, PLLC
Counsel for the Plaintiff
6000 North Bailey Avenue - Suite 1A
Amherst, New York 14226
JUSTIN M. GOLDSTEIN, ESQ.
SOCIAL SECURITY ADMINISTRATION
Counsel for the Defendant
6401 Security Boulevard
Baltimore, Maryland 21235
FERGUS J. KAISER, 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 Fergus J. Kaiser, 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 Justin M. Goldstein, having consented to the within
order and the requested remand (Dkt. No. 15), and the Court having considered the matter,
Case 5:22-cv-00615-ML Document 16 Filed 01/17/23 Page 2 of 2
IT IS on this 17th day of January, 2023,
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 17, 2023
Binghamton, New York
2
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