Gunther v. O'Malley

Filing 21

STIPULATION AND ORDER FOR REMAND that, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner's final decision be reversed and that this action be remanded to the Commissioner for further administrative proceedings. The par ties agree that on remand, the Commissioner will offer Plaintiff an opportunity for a hearing, take further action as necessary to complete the administrative record, and issue a new decision on whether Plaintiff was disabled prior to August 6, 2023. The parties consent to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Signed by U.S. District Judge Glenn T Suddaby on 1/28/2025. (sal )

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United States District Court Northern District of New York DAVID G., Plaintiff, vs. CAROLYN COLVIN, 1 Acting Commissioner of Social Security, Defendant. ) ) ) ) ) ) ) ) ) Case 5:24-cv-00530-GTS-MJK Stipulation – Document Filed Electronically Parties’ Stipulation for Remand The parties stipulate that, pursuant to the fourth sentence of 42 U.S.C. § 405(g), the Commissioner’s final decision be reversed and that this action be remanded to the Commissioner for further administrative proceedings. The parties agree that on remand, the Commissioner will offer Plaintiff an opportunity for a hearing, take further action as necessary to complete the administrative record, and issue a new decision on whether Plaintiff was disabled prior to August 6, 2023. The parties consent to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure. Respectfully Submitted, CAROLYN COLVIN, DAVID G. By Her Attorneys, By His Attorney, Carla B. Freedman, United States Attorney Justin Goldstein /s/ Shannon Fishel Shannon Fishel Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration /s/ Justin Goldstein Justin Goldstein Hiller Comerford Injury & Disability Law Attorney for Plaintiff 6000 N. Bailey Ave., Suite 1A Amherst, NY 14226 1 Carolyn Colvin became the Acting Commissioner of Social Security on November 30, 2024. Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Carolyn Colvin should be substituted for Martin O’Malley as the defendant in this suit. No further action need be taken to continue this suit by reason of the last sentence of section 205(g) of the Social Security Act, 42 U.S.C. § 405(g). 6401 Security Boulevard Baltimore, MD 21235 (404) 562-1076 Shannon.Fishel@ssa.gov (716) 564-3288 jgoldstein@hillercomerford.com 1/28/2025 1/28/2025

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