Hornbeck v. Kijakazi ( 2023 )

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________ KATELYN H., Plaintiff, v. 1:22-CV-1350-ML COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION, Defendant. ________________________________________ APPEARANCES: OF COUNSEL: LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ. Counsel for the Plaintiff P.O. Box 89 1500 East Main Street Endicott, New York 13761-0089 SOCIAL SECURITY ADMINISTRATION GEOFFREY M. PETERS, 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 Geoffrey M. Peters, 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; on remand, the Appeals Council will not disturb the favorable closed period and will remand for consideration of disability beginning June 16, 2021; and Plaintiff, through counsel Peter A. Gorton, having consented to the within order and the requested remand (Dkt. No. 12), and the Court having considered the matter, IT IS on this 24" day of July, 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: July 24, 2023 Binghamton, New York U.S. Magistrate Judge