United States District Court, N.D. New York
Daniel E. Whipple Plaintiff
Nancy A. Berryhill Defendant
JUDGMENT IN A CIVIL CASE
by Court. This action came to trial or hearing
before the Court. The issues have been tried or heard and a
decision has been rendered.
ORDERED AND ADJUDGED
the Plaintiffs motion for judgment on the pleadings is
GRANTED. 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. The matter is hereby REMANDED to the Acting
Commissioner, without a directed finding of disability, for
further proceedings consistent with this determination
pursuant to sentence four of 42 U.S.C. § 405(g).
the above pursuant to the order of the Honorable Judge David
E. Peebles, dated the 22nd day of November, 2017.
Rules of Appellate Procedure Rule 4. Appeal as of
Appeal in a Civil Case.
Time for Filing a Notice of Appeal.
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.
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
(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 judgment or
order is entered or files the appeal for that person.
appeal from an order granting or denying an application for a
writ of error coram nobis is an appeal in a ...