United States District Court, N.D. New York
January 21, 2014
JOSEPH W. McKAY, Plaintiff,
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, OF SOCIAL SECURITY, Defendant.
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g)
THERESE WILEY DANCKS, Magistrate Judge.
This matter having been opened to the Court by RICHARD S. HARTUNIAN, Acting United States Attorney for the Northern District of New York, and KAREN T. CALLAHAN, 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; and Plaintiff having consented to the within order and the requested remand, and the Court having considered the matter,
IT IS on this ____ day of January 2014;
ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for further administrative action, and it is further
ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonvan v. Sullivan, 501 U.S. 89 (1991).