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Stevens v. O'Malley

United States District Court, N.D. New York
Jan 2, 2024

GLENN T. SUDDABY, UNITED STATES DISTRICT JUDGE

Martin O'Malley, By His Attorneys

Claudette M. Stevens By Her Attorney

Carla B. Freedman, United States Attorney

Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration

Justin M. Goldstein Law Offices of Kenneth Hiller, PLLC

PARTIES' STIPULATION FOR REMAND

GLENN T. SUDDABY, UNITED STATES DISTRICT JUDGE

The parties stipulate that the Commissioner's final decision be reversed and that this action be remanded to the Commissioner for further administrative proceedings pursuant to the fourth sentence of 42 U.S.C. § 405(g). Upon remand, should the Appeals Council remand to an administrative law judge, the administrative law judge will conduct further administrative proceedings and develop the record as necessary to determine whether Plaintiff is disabled within the meaning of the Social Security Act, including, offering Plaintiff a new hearing and issuing a new decision. The parties consent to the entry of judgment pursuant to Rule 58 of the Federal Rules of Civil Procedure.

IT IS SO ORDERED: