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)

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
[phone]
[e-mail]

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