Filed: Sep. 21, 2018
Latest Update: Sep. 21, 2018
Summary: CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 42 U.S.C. 405(g) DAVID E. PEEBLES , Magistrate Judge . This matter having been opened to the Court by Grant C. Jaquith, United States Attorney for the Northern District of New York, and David B. Myers, Special Assistant United States Attorney, attorney for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to U.S.C. 405(g) so that further administrative action, including a de novo hearing and the
Summary: CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 42 U.S.C. 405(g) DAVID E. PEEBLES , Magistrate Judge . This matter having been opened to the Court by Grant C. Jaquith, United States Attorney for the Northern District of New York, and David B. Myers, Special Assistant United States Attorney, attorney for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to U.S.C. 405(g) so that further administrative action, including a de novo hearing and the i..
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CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 42 U.S.C. § 405(g)
DAVID E. PEEBLES, Magistrate Judge.
This matter having been opened to the Court by Grant C. Jaquith, United States Attorney for the Northern District of New York, and David B. Myers, Special Assistant United States Attorney, attorney for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to U.S.C. § 405(g) so that further administrative action, including a de novo hearing and the issuance of a new decision, may be taken; 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 day of 21st September, 2018;
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).
The undersigned hereby consent to the form and entry of the within order.
Grant C. Jaquith
United States Attorney
By: /s/David B. Myers
David B. Myers
Special Assistant U.S. Attorney
Bar No. 518640
Social Security Administration
Office of the General Counsel
26 Federal Plaza, Room 3904
New York, NY 10278
Olinsky Law Group
By: /s/Howard D. Olinsky
Howard D. Olinsky, Esq.
Bar No. 102297
One Park Place
300 South State Street, Suite 420
Syracuse, NY 13202
