Ives v. Commissioner of Social Security ( 2023 )

United States District Court Northern District of New York Kelly Jean I., ) Case No. 6:23-cv-00405 Plaintiff, ) ) David N. Hurd v. ) United States District Court Judge ) Kilolo Kijakazi, ) Daniel J. Stewart Acting Commissioner of the Social ) United States Magistrate Judge Security Administration, ) Defendant. ) Motion – Document Filed Electronically CONSENTED-TO MOTION FOR REVERSAL AND REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g) The Defendant, Kilolo Kijakazi, Acting Commissioner of the Social Security Administration (“Commissioner”), has determined that remand of the above-captioned matter is appropriate. Accordingly, the Commissioner respectfully moves this Court, pursuant to sentence four of 42 U.S.C. § 405(g), to enter a judgment reversing her decision with remand of the cause for further administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Under sentence four of 42 U.S.C. § 405(g), this Court has the power to enter, upon the pleadings and transcript of the record, “a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.” Id. at 98. Upon remand by this Court, the Appeals Council will remand this matter to an Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed to conduct a new hearing and issue a new decision. For these reasons, the Commissioner respectfully requests that this Court enter an Order and Final Judgment reversing the Commissioner’s decision and remanding the case for further administrative proceedings. Plaintiffs counsel has authorized the undersigned to represent that Plaintiff consents to this motion. DATED: December 13, 2023 Respectfully submitted, IT IS SO ORDERED: Kilolo Kijakazi, By Her Attorneys ‘ Carla B. Freedman, David /Hurd United States Attorney U.S. District Judge i /s/ Hugh Dun Rappaport Hugh Dun Rappaport Special Assistant United States Attorney Dated: 12718-2023 N.D.N.Y. Bar Roll No. 700992 Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Phone: 617-565-2380 Email: Hugh.Dun.Rappaport@ ssa.gov