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)

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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 (212) 264-2592 joshua.kershner@ssa.gov 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 2

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