Provost v. Berryhill

Filing 10

ORDER on the # 9 Stipulation to remand the matter for further administrative proceedings, pursuant to sentence 6 of 42 U.S.C. Section 405(g). Signed by Judge David N. Hurd on September 21, 2017. (rep)

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GRANT C. JAQUITH Acting United States Attorney Susan Reiss Special Assistant U.S. Attorney c/o Social Security Administration Office of General Counsel 26 Federal Plaza, Room 3904 New York, NY 10278-0004 (212) 264-2303 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK LANDIS PROVOST, Plaintiff, Civil Action No. 17-CV-0681 (DNH/WBC) v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, CONSENT ORDER TO REMAND PURSUANT TO SENTENCE SIX OF 42 U.S.C. § 405(g) Defendant. This matter having been opened to the Court by Grant C. Joquith, Acting United States Attorney for the Northern District of New York, and Susan Reiss, Special Assistant United States Attorney, attorneys for Defendant, the Acting Commissioner of Social Security, for an Order remanding the within cause of action to the Defendant pursuant to sentence six of 42 U.S.C. § 405(g) for further administrative proceedings, to include searching for the recording of the administrative hearing. If a new hearing is necessary, this matter will be assigned to a different administrative law judge. Plaintiff, through the undersigned attorney, having consented to the within order and the requested remand, and the Court having considered the matter, IT IS on this 21st day of September 2017; ORDERED that the final decision of the Commissioner be and hereby REMANDED pursuant to sentence six of 42 U.S.C. § 405(g), to the Defendant for further administrative action. ______________________ WILLIAM B. CARTER United States Magistrate Judge The undersigned hereby consent to the form and entry of the within order: GRANT C. JACQUITH Acting United States Attorney By: . /s/Susan Reiss Susan Reiss Special Assistant U.S. Attorney Bar Roll No. 513984 Attorneys for Defendant /s/Mark A. Schneider Mark A. Schneider Schneider and Palcsik 57 Court Street Plattsburg, NY 12901 Bar Roll No. 508045 Attorney for Plaintiff 2

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