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S.D.N.Y.Substantive rulingFiled Dec. 27, 2024

Tomkin v. Commissioner Of Social Security

Judge
Sarah Cave
Docket
1:24-cv-04377
Court
U.S. District Court · Southern District of New York
Pages
1
Social SecurityCivil Procedure
In one sentence

In Tomkin v. Commissioner of Social Security, Judge Cave reversed and remanded the case for further administrative proceedings, including a hearing and new decision.

Who this affects

The judgment affects Brian L. Tomkin and the Acting Commissioner of Social Security by requiring further administrative proceedings, including an opportunity for a hearing and a new decision.

What happened

Tomkin v. Commissioner of Social Security concerns a judgment sending the action back to the Social Security Commissioner for additional proceedings. The judgment states that it was based on the court’s Stipulation and Order dated December 27, 2024.

The court reversed and remanded the action under sentence four of 42 U.S.C. § 405(g). The further proceedings are to include an opportunity for a hearing and a new decision. The judgment does not explain the underlying dispute or identify any specific error.

Judge Sarah Cave is identified as the judge in the case information. The judgment was dated December 27, 2024, and entered by the clerk of court.

The detailed version

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

Case
Tomkin v. Commissioner Of Social Security · No. 1:24-cv-04377
Judge
Sarah Cave
Date
Dec. 27, 2024

Background

The opinion text consists of a judgment in an action brought by Brian L. Tomkin against the Acting Commissioner of Social Security. It states that the judgment is based on the court’s Stipulation and Order dated December 27, 2024. The text does not describe the underlying claim, the administrative decision being challenged, or the reasons for the remand.

Ruling

The court ordered, adjudged, and decreed that the action be reversed and remanded to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g). A sentence-four remand sends the case back for further administrative proceedings after the court enters judgment. The judgment specifies that the proceedings must include an opportunity for a hearing and a new decision.

Disposition

The action was reversed and remanded to the Commissioner for further administrative proceedings. The judgment was dated December 27, 2024, in New York, New York, and was entered by the clerk of court. The opinion text does not provide further details about the parties’ positions or the basis 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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