Dimura v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ok oft of oe oe of fe fe of of oft fe fe of 2 oft aie fe oie of ok oft oe oie ok ok ok SPENCER WILLIAM DIMURA, Plaintiff, Civil Action No. 22-0937 Vv. KILOLO KIJAKAZI, CONSENT ORDER TO COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF 42 U.S.C. § 405(g) Defendant. of oe of of aft fe oe of 2 fe fe oe of of fe fe oe of of oft fe ie ok ok ok This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Kristina Cohn, 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 may be taken and a new decision will be issued; and 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 30th day of January , 2023; 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). Magistrate Miroslav Lovric United States District Court The undersigned hereby consent to the form and entry of the within order. CARLA B. FREEDMAN United States Attorney By: /s Kristina Cohn Kristina Cohn Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Phone: 212-264-2179 Email: kristina.cohn@ssa.gov AMDURSKY, PELKY, FENNELL, AND WALLEN, P.C. /s Amy Chadwick, Esq. By: Amy Chadwick, Esq. Attorney for Plaintiff Amdursky, Pelky, Fennell and Wallen, P.C. 26 E. Oneida St. Oswego, NY 13126 Phone: 315-343-6363 Fax: 315-343-0134 Email: achadwick@apfwlaw.com