Moore v. Commissioner of Social Security

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ________________________________________

QUINTIN M.,

Plaintiff,

v. 8:20-cv-01442 (ML) COMMISSIONER OF SOCIAL SECURITY ADMINISTRATION,

Defendant. ________________________________________

APPEARANCES: OF COUNSEL:

Conboy, McKay Law Firm LAWRENCE D. HASSELER, ESQ. Counsel for the Plaintiff 307 State Street Carthage, New York 13619

SOCIAL SECURITY ADMINISTRATION MOLLY E. CARTER, ESQ. Counsel for the Defendant Special Assistant United States J.F.K. Federal Building Attorney 15 New Sudbury Street Boston, Massachusetts 02203

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 ANTOINETTE T. BACON, Acting United States Attorney for the Northern District of New York, and Molly E. Carter, 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. 11), and the Court having considered the matter, IT IS on this 13th day of July, 2021, 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 13, 2021 Binghamton, New York Mirela draie U.S. Magistrate Judge