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Lynn v. Berryhill

United States District Court, N.D. New York

May 26, 2017

Gordon Lynn Plaintiff
v.
Nancy A. Berryhill Defendant

          JUDGMENT IN A CIVIL CASE

         Decision by Court.

         This action came to a hearing before the Court. The issues have been heard and a decision has been rendered.

         IT IS ORDERED AND ADJUDGED

         That Plaintiff's motion for judgment on the pleadings is GRANTED. It is further ORDERED the Acting Commissioner's determination that plaintiff was not disabled at the relevant times, and thus is not entitled to benefits under the Social Security Act, is VACATED. It is further ORDERED that the matter is hereby REMANDED to the Acting Commissioner without a directed finding of disability, for further proceedings consistent with this determination. It is further ORDERED that the clerk is respectfully directed to enter judgment, based upon this determination, remanding the matter to the Acting Commissioner pursuant to sentence four of 42 U.S.C.§ 405(g) and closing this case.

         All of the above pursuant to the order of the Honorable David E. Peebles, dated this 26th day of May, 2017.

         Federal Rules of Appellate Procedure Rule 4. Appeal as of Right

         (a) Appeal in a Civil Case.

         1. (1) Time for Filing a Notice of Appeal.

         (A) In a civil case, except as provided in Rules 4(a)(1)(B), 4(a)(4), and 4(c), the notice of appeal required by Rule 3 must be filed with the district clerk within 30 days after entry of the judgment or order appealed from.

         (B) The notice of appeal may be filed by any party within 60 days after entry of the judgment or order appealed from if one of the parties is:

(i) the United States;
(ii) a United States agency;
(iii) a United States officer or employee sued in an official capacity; or
(iv) a current or former United States officer or employee sued in an individual capacity for an act or omission occurring in connection with duties performed on the United States' behalf - including all instances in which the United States represents that person when the ...

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