United States District Court, N.D. New York
May 5, 2014
JANET LAWSON, Plaintiff,
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
RICHARD S. HARTUNIAN, United States Attorney., Emily M. Fishman, Esq., Special Assistant United States Attorney, Attorney for Defendant.
Steven R. Dolson, Esq., Attorney for Plaintiff, Syracuse, NY,
CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. § 405(g)
DAVID N. HURD, District Judge.
This matter having been opened to the Court by Richard S. Hartunian, United States Attorney for the Northern District of New York, and Emily M. Fishman, Special Assistant United States Attorney, attorneys for the 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 (including a new hearing and a new decision, and consideration of a physician's medical report from Dr. Myles Howard, dated June 7, 2012); and Plaintiff, through the undersigned attorneys, having consented to the within order and the requested remand; and the Court having considered the matter,
IT IS on this 5th day of May 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 including a de novo hearing, and it is further.
ORDERED that the within matter, be and hereby is, DISMISSED, and the Clerk is hereby directed to enter judgment, in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991). The parties agree that nothing in this order (and subsequent final judgment) prohibits Plaintiff from filing a request for attorney's fees pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412.