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S.D.N.Y.Substantive rulingFiled Sept. 16, 2024

Barbosa v. Commissioner of Social Security

Judge
Robert Lehrburger
Docket
1:24-cv-01848
Court
U.S. District Court · Southern District of New York
Pages
1
Social SecurityCivil Procedure
In one sentence

Barbosa v. Commissioner of Social Security: Judge Lehrburger reversed and remanded the Social Security action for further proceedings, a new hearing, and a new decision.

Who this affects

Gloribel Barbosa and the Social Security Administration, which must conduct further proceedings, hold a new hearing, and issue a new decision.

What happened

In Barbosa v. Commissioner of Social Security, the court entered judgment on September 16, 2024, based on a stipulation and order whose reasons are not included in the opinion text.

The court reversed and sent the action back to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g). The Commissioner must conduct further administrative proceedings, hold a new hearing, and issue a new decision.

Judge Robert Lehrburger is identified in the case information as the judge. The judgment was entered by the court’s acting clerk.

The detailed version

For law students, journalists, and other readers who want the full reasoning

Case
Barbosa v. Commissioner of Social Security · No. 1:24-cv-01848
Judge
Robert Lehrburger
Date
Sept. 16, 2024

Background

The opinion text consists of a judgment in an action brought by Gloribel Barbosa against Martin J. O’Malley, identified in the caption as the Commissioner of Social Security. The judgment states that it is based on the court’s stipulation and order dated September 16, 2024, but that separate stipulation and order is not included in the provided text.

Ruling

The court ordered that the action be reversed and remanded to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g). A remand sends the matter back to the agency for additional action. The judgment specifies that the Commissioner must conduct further administrative proceedings, hold a new hearing, and issue a new decision. The text does not state what the new decision must be or explain the underlying reasons for the remand.

The authoritative version

Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.

Open opinion PDF →
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