Kinsey v. Commissioner of Social Security
- Willis
- 1:25-cv-00780
- U.S. District Court · Southern District of New York
- 2
In Kinsey v. Bisignano, Judge Willis reversed the Commissioner’s decision, remanded for further administrative action, and dismissed the case.
Gary Kinsey and the Social Security Administration. The matter was sent back for further administrative action, including a new hearing and a new decision.
What happened
In Kinsey v. Commissioner of Social Security, the court considered the parties’ agreed request to send the matter back for further administrative action. The order does not explain the underlying reason for the requested remand.
The Commissioner requested a remand under sentence four of 42 U.S.C. § 405(g). The order states that a new hearing would be offered and a new decision would be issued, and that Gary Kinsey consented through his attorney.
Judge Jennifer E. Willis reversed the Commissioner’s final decision and remanded the matter to the Commissioner for further administrative action. The court also ordered that the matter be dismissed in accordance with the cited Supreme Court decision Melkonyan v. Sullivan.
The detailed version
- Kinsey v. Commissioner of Social Security · No. 1:25-cv-00780
- Willis
- June 16, 2025
Background
The defendant, Frank Bisignano, identified in the caption as Commissioner of Social Security, requested an order sending Gary Kinsey’s case back under sentence four of 42 U.S.C. § 405(g). The stated purpose was to allow further administrative action, offer a new hearing, and issue a new decision. Kinsey consented to the requested order through his attorney.
The opinion does not describe the underlying Social Security claim, the issues addressed in the Commissioner’s decision, or the reason the parties sought remand.
Ruling
Judge Jennifer E. Willis ordered that the Commissioner’s final decision be reversed. The court remanded the matter to the defendant for further administrative action. The court also ordered that the matter be dismissed in accordance with Melkonyan v. Sullivan, 501 U.S. 89 (1991).
Read the full 2-page opinion on CourtListener, the free public archive maintained by the Free Law Project.