Derby v. Kijakazi, Acting Commissioner of Social Security
- Jesse Furman
- 1:23-cv-10895
- U.S. District Court · Southern District of New York
- 1
In Derby v. Kijakazi, Judge Furman ordered the Social Security decision sent back for further administrative proceedings.
Derby and the Commissioner of Social Security; the Commissioner’s final decision was remanded for further administrative proceedings.
What happened
In Derby v. Kijakazi, the court entered a judgment concerning the Commissioner of Social Security’s final decision. The judgment refers to a stipulation and order dated July 2, 2024, but does not explain the underlying dispute or the reason for the remand.
The court ordered the Commissioner’s final decision remanded for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). This means the Social Security matter was sent back to the agency for additional proceedings.
Judge Jesse Furman is identified in the supplied case information. The judgment is dated July 2, 2024, and was entered by the court clerk.
The detailed version
- Derby v. Kijakazi, Acting Commissioner of Social Security · No. 1:23-cv-10895
- Jesse Furman
- July 2, 2024
Background
The opinion is a judgment in a Social Security case. It states that the judgment is based on the court’s stipulation and order dated July 2, 2024. The opinion does not describe the plaintiff’s application, the agency’s reasoning, or the specific issue that led to the remand.
Ruling
The court ordered that the Commissioner of Social Security’s final decision be remanded to the Commissioner for further administrative proceedings under sentence four of 42 U.S.C. § 405(g). A sentence-four remand sends the case back to the agency for additional proceedings based on the court’s judgment. The judgment cites Shalala v. Schaefer, 509 U.S. 292 (1993).
Disposition
The final decision was remanded for further administrative proceedings. The judgment was dated July 2, 2024, in New York, New York, and was entered by the acting clerk of court. The supplied case name identifies the defendant as Kijakazi, while the judgment’s caption identifies Martin O’Malley as Commissioner of Social Security.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.