Fernandez v. Commissioner of Social Security
- Katharine Parker
- 1:23-cv-09191
- U.S. District Court · Southern District of New York
- 1
In Fernandez v. Commissioner, Judge Parker reversed and remanded the Social Security action for further proceedings, including a hearing and new decision.
Damarysfernandez and the Commissioner of Social Security; the matter returns to the Social Security administration for further proceedings, including a hearing and a new decision.
What happened
Fernandez v. Commissioner of Social Security concerned a challenge to a Social Security decision, but the judgment does not describe the underlying dispute.
The court relied on the parties’ June 17, 2024 stipulation and order and directed further administrative proceedings, including an opportunity for a hearing and a new decision.
Judge Katharine Parker’s court reversed and remanded the action to the Commissioner under sentence four of 42 U.S.C. § 405(g).
The detailed version
- Fernandez v. Commissioner of Social Security · No. 1:23-cv-09191
- Katharine Parker
- June 18, 2024
Background
The opinion is a judgment in Damarysfernandez’s action against the Commissioner of Social Security. It does not explain the underlying Social Security claim or the reasons for challenging the Commissioner’s decision.
Court’s Action
The judgment states that, for the reasons in the parties’ stipulation and order dated June 17, 2024, the action was reversed and remanded to the Commissioner. A remand sends the matter back to the agency for additional proceedings. The court specified that those proceedings must include an opportunity for a hearing and a new decision. The remand was entered under sentence four of 42 U.S.C. § 405(g), the federal statute governing judicial review of Social Security decisions.
Disposition
The court reversed and remanded the action to the Commissioner for further administrative proceedings. The judgment does not state what the new decision must be or resolve the underlying eligibility issue.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.