Justice v. Commissioner of Social Security ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ MELINDA J., Plaintiff, v. 8:22-CV-1096 (ML) COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: COLLINS & HASSELER, PLLC LAWRENCE D. HASSELER, ESQ. Counsel for the Plaintiff 225 State Street Carthage, New York 13619 SOCIAL SECURITY ADMINISTRATION JASON P. PECK, ESQ. Counsel for the Defendant Special Assistant United States 6401 Security Boulevard Attorney Baltimore, Maryland 21235 MIROSLAV LOVRIC, United States Magistrate Judge CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g) This matter having been opened to the Court by CARLA B. FREEDMAN, United States Attorney for the Northern District of New York, and Jason P. Peck, 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 counsel Lawrence D. Hasseler, having consented to the within order and the requested remand (Dkt. No. 8), and the Court having considered the matter, IT IS on this 24" day of March, 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); 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), 42 U.S.C. § 2412. Dated: March 24, 2023 Binghamton, New York Miroslav Lovric U.S. Magistrate Judge