Rooney v. Commissioner of Social Security

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK ****************************** MANDY ROONEY, Plaintiff, Civil Action No. v. 3:25-CV-1282-CFB FRANK BISIGNANO, CONSENT ORDER TO COMMISSIONER REMAND PURSUANT TO OF SOCIAL SECURITY, SENTENCE 4 OF 42 U.S.C. § 405(g) Defendant. ******************************* This matter having been opened to the Court by JOHN A. SARCONE III, First Assistant United States Attorney for the Northern District of New York, and Geoffrey M. Peters, 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, the opportunity for a hearing will be offered, and a new decision will be issued. On remand, the administrative law judge will further consider Plaintiff’s maximum residual functional capacity to sustain work on a regular and continuing basis during the entire period at issue and provide rationale with specific references to evidence of record in support of assessed limitations (20 C.F.R. § 416.945; Social Security Ruling 96-8p). In so doing, the ALJ will evaluate the medical source opinion(s) and/or prior administrative medical findings pursuant to the provisions of 20 C.F.R. § 416.927. 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 1 s t day of J u l y , 2026 ; 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). Hon. Carla B. Freedman United States District Court Magistrate Judge The undersigned hereby consent to the form and entry of the within order. JOHN A. SARCONE III First Assistant United States Attorney By: /s/ Geoffrey M. Peters Geoffrey M. Peters 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: 212-264-1298 Email: geoffrey.peters@ssa.gov LACHMAN, GORTON LAW FIRM /s/ Peter A. Gorton By: Peter A. Gorton Attorney for Plaintiff Lachman, Gorton Law Firm P.O. Box 89 1500 East Main Street Endicott, NY 13761-0089 Phone: 607-754-0500 Fax: 607-748-6978 Email: office@lglaw.org