Seidel v. Berryhill, 5:18-cv-108 (ATB). (2018)
Court: District Court, N.D. New York
Number: infdco20181009c98
Visitors: 11
Filed: Oct. 05, 2018
Latest Update: Oct. 05, 2018
Summary: CONSENT ORDER FOR REMAND PURSUANT TO 42 U.S.C. 405(g) ANDREW T. BAXTER , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that this case be remanded to the Commissioner for further proceedings and a new decision, pursuant to the fourth sentence of 42 U.S.C. 405(g). Should the Appeals Council remand to an ALJ, upon remand, the ALJ will conduct further proceedings and develop the administrative record as necessar
Summary: CONSENT ORDER FOR REMAND PURSUANT TO 42 U.S.C. 405(g) ANDREW T. BAXTER , Magistrate Judge . IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that this case be remanded to the Commissioner for further proceedings and a new decision, pursuant to the fourth sentence of 42 U.S.C. 405(g). Should the Appeals Council remand to an ALJ, upon remand, the ALJ will conduct further proceedings and develop the administrative record as necessary..
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CONSENT ORDER FOR REMAND PURSUANT TO 42 U.S.C. § 405(g)
ANDREW T. BAXTER, Magistrate Judge.
IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that this case be remanded to the Commissioner for further proceedings and a new decision, pursuant to the fourth sentence of 42 U.S.C. § 405(g). Should the Appeals Council remand to an ALJ, upon remand, the ALJ will conduct further proceedings and develop the administrative record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, including offering plaintiff a new hearing, and issuing a new decision.
Therefore, the parties having consented to the within order and the Court having considered the matter,
IT IS on this 5th day of October, 2018;
ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant pursuant to sentence 4 of 42 U.S.C. § 405(g), for the further administrative action set forth above, 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).
Source: Leagle
