Kinsey v. Commissioner of Social Security

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF NEW YORK BS DIS IC 24S BIS DIS IS DIC IC 34S IC 24S BIC 24S DIC 2g OIC IC 34K SS 3S OIC 3g 2 GARY KINSEY, Plaintiff, Civil Action No. 25-0780 v. FRANK BISIGNANO CONSENT ORDER TO COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF 42 U.S.C. § 405(g) Defendant. BE DIS IC DIR BIS DIS 2S DIS IC 24S BIS DC DIC OC DIC IS OIC □□ BIS 2c This matter having been opened to the Court by JAY CLAYTON, United States Attorney for the Southern District of New York, and Kristina Cohn, 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, a new hearing will be offered, and a new decision will be issued; and Plaintiff, through the undersigned attorney, having consented to the within order and the requested remand, and the Court having considered the matter, IT IS on this 16th day of June, 2025 ; ORDERED that the final decision of the Commissioner be and hereby is REVERSED, and the matter is REMANDED to the Defendant for this further administrative action, and it is further ORDERED that the within matter, be and hereby is, DISMISSED in accord with the decision in Melkonyan v. Sullivan, 501 U.S. 89 (1991). Judge Jennifer E. Willis United States District Court June 16, 2025 The undersigned hereby consent to the form and entry of the within order. JAY CLAYTON United States Attorney By: /s Kristina Cohn Kristina Cohn Special Assistant United States Attorney Office of Program Litigation, Office 2 Office of the General Counsel Social Security Administration 6401 Security Boulevard Baltimore, MD 21235 Phone: 212-264-2179 Email: kristina.cohn@ssa.gov OLINSKY LAW GROUP By: Ve D. a Attorney for Plaintiff 250 South Clinton Street Suite 210 Syracuse, NY 13202 Phone: 315-701-5781 Email: holinsky@windisability.com