Kilcullen v. Commissioner of Social Security

Filing 16

CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g): Approving the # 15 Stipulation. It is ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the defendant for this f urther administrative action. It is ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991). 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). Signed by Judge Glenn T. Suddaby on 2/12/2015. (mc)

RICHARD S. HARTUNIAN
United States Attorney
Joshua Lenard Kershner
Special Assistant United States Attorney
Attorney for Defendant
c/o Social Security Administration
Office of General Counsel
26 Federal Plaza, Room 3904
New York, NY 10278-0004
[phone]
[e-mail]
Attorney Bar Roll No. 518636
UNITED STATES DISTRICT COURT
NORTHERN DISTRICT OF NEW YORK
JOHN B. KILCULLEN,
Plaintiff,
Hon. Christian F. Hummel
Civil Action
No. 6:14-CV-00707-GTS-CFH

v.
CAROLYN W. COLVIN,
ACTING COMMISSIONER OF SOCIAL SECURITY,
Defendant.

CONSENT ORDER TO REMAND PURSUANT
TO SENTENCE 4 OF 42 U.S.C. § 405(g)
This matter having been opened to the Court by RICHARD S. HARTUNIAN United
States Attorney for the Northern District of New York, and Joshua Lenard Kershner, 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 the undersigned attorney, having
consented to the within order and the requested remand, and the Court having considered the
matter,

February
IT IS on this ____ day of _______________________, 2015;
12th
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).

The undersigned hereby consent to the form and entry of the within order.
RICHARD S. HARTUNIAN
United States Attorney
By:

/s/Joshua Lenard Kershner
Joshua Lenard Kershner
Special Assistant United States Attorney
Attorneys for Defendant

By:

/s/Maggie W. McOmber
Maggie W. McOmber, Esq.
Law Offices of Steven R. Dolson
Attorney for Plaintiff

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