Nunez Pupen v. Commissioner of Social Security
- Robert Lehrburger
- 1:23-cv-11089
- U.S. District Court · Southern District of New York
- 1
In Nunez Pupen v. Commissioner, Judge Lehrburger reversed the Commissioner’s decision and remanded the case for further proceedings.
The plaintiff, Dominga Nunez Pupen, and the Commissioner of Social Security. The Commissioner must conduct further administrative proceedings, offer the plaintiff a hearing, and issue a new decision.
What happened
In Nunez Pupen v. Commissioner of Social Security, the court addressed the Commissioner’s decision in the plaintiff’s Social Security case.
The court reversed that decision and sent the case back to the Commissioner for further administrative proceedings. The Commissioner must offer the plaintiff a hearing and issue a new decision.
The judgment was entered on September 30, 2024, by the Southern District of New York under Judge Robert Lehrburger.
The detailed version
- Nunez Pupen v. Commissioner of Social Security · No. 1:23-cv-11089
- Robert Lehrburger
- Sept. 30, 2024
Ruling
For the reasons stated in a stipulation and order dated September 20, 2024, the court reversed the Commissioner of Social Security’s decision. It remanded the action to the Commissioner under the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings.
What happens next
On remand, the Commissioner must offer the plaintiff an opportunity for a hearing and issue a new decision. The judgment cites Shalala v. Schaefer, 509 U.S. 292 (1993).
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.