MENDEZ v. COMMISSIONER OF SOCIAL SECURITY, No. 2:2009cv04284 - Document 10 (D.N.J. 2009)

Court Description: CONSENT ORDER reversing the final decision of the Commissioner & remanding matter to the deft for further administrative action. Signed by Judge Peter G. Sheridan on 12/22/09. (sr, )
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Case 2:09-cv-04284-PGS Document 9-1 Filed 12/14/09 Page 1 of 2 Paul J. Fishman United States Attorney Newark, New Jersey John M. Kelly Special Assistant U.S. Attorney do Social Security Administration Office of the General Counsel 26 Federal Plaza, Room 3904 NewYork,NY 10278 (212) 264-3650, Ext. 234 Fax: (212) 264-6372 John.M.Kellyssa,gov UNITED STA TES DISTRICT COURT DISTRICT OF NEW JERSEY x LUISA.MENDEZ, Plaintit : Hon. Peter G. Sheridan v. : Civil Action No. 09-4284 COMMISSIONER OF : SOCIAL SECURITY, : CONSENT ORDER TO RE1AN1) PURSUANT TO SENTENCE 6 OF 42 U.S.C. ยง 405(g) Defendant. x This matter having been opened to the Court by Paul J. Fishman, United States Attorney for the District of New Jersey, and John M. Kelly, Special Assistant United States Attorney, attorneys for Defendant. fbr an Order remanding the within cause of action to the Defendant, because the tape recording of the administrative hearing cannot be transcribed, pursuant to sentence 6 of 42 U.S.C. 405(g), so that further administrative action may be taken, including the holding of a new hearing and the issuance of a new decision; and Plaintiff, through the undersigned attorney, ha\ ing consented to the within order and the recjuested remand, and the Case 2:09-cv-04284-PGS Document 9-1 Filed 12/14/09 Page 2 of 2 Court having considered the matter, IT IS on this >ay of December, 2009; 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 Court will retain jurisdiction over the within matter, in accord with the decision in Melkonyan v. Sullivan, 501 US. 89 (1991). ik Honorable Peter C. Sheridan United States District Court The undersigned hereby consent to the form and entry of the within order. PAUL J. FISH MAN United States Attorney By: Is! John M. Kelly John M. Kelly Special Assistant US. Attorney LANGTON & ALTER S/JAMES tANSTON By: James Langton Attorney for Plaintiff