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Jessica L. v. Michael J. Astrue

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK


November 7, 2012

JESSICA L. PICKETT, PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT.

The opinion of the court was delivered by: Hon. David E. Peebles

CONSENT ORDER TO REMAND PURSUANT TO SENTENCE OF 42 U.S.C. § 405(g)

This matter having been opened to the Court by RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, and Jeremy A. Linden, 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 may be taken with regard to Plaintiff's June 9, 2009 applications for Title II Disability Insurance Benefits and Title XVI Supplemental Security Income under the Social Security Act, including offering Plaintiff the opportunity to have a de novo administrative hearing on her claim; 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 ______________, 2012;

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).

Hon. David E. Peebles, Magistrate Judge United States District Court

The undersigned hereby consent to the form and entry of the within order.

RICHARD S. HARTUNIAN United States Attorney By: /s/ Jeremy A. Linden Jeremy A. Linden Special Assistant U.S. Attorney Attorney for Defendant Bar No. 516734 7th November Legal Services of Central New York - Syracuse 472 South Salina Street Suite 300 Syracuse, NY 13202 By: /s/ Christopher Cadin Christopher Cadin Attorney for Plaintiff Bar No. 505497

20121107

© 1992-2012 VersusLaw Inc.



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