Gomez v. Commissioner of Social Security
- Judith McCarthy
- 7:22-cv-05543
- U.S. District Court · Southern District of New York
- 1
In Gomez v. Commissioner of Social Security, Judge McCarthy remanded the action for further proceedings, including a new hearing.
Wilfredo Gomez and the Commissioner of Social Security; the matter returns to the Social Security administration for further proceedings and an opportunity for a new hearing.
What happened
Wilfredo Gomez brought this action against the Commissioner of Social Security. The judgment does not explain the underlying dispute, but it refers to a stipulation and order dated June 26, 2023.
The court remanded the action to the Commissioner under sentence four of the federal judicial-review statute for Social Security cases. The remand includes the opportunity for a new hearing and requires further administrative proceedings.
Judge Judith McCarthy is identified as the judge. The judgment was dated June 26, 2023, and was entered by the court clerk.
The detailed version
- Gomez v. Commissioner of Social Security · No. 7:22-cv-05543
- Judith McCarthy
- June 26, 2023
Background
The opinion is a judgment in an action brought by Wilfredo Gomez against the Commissioner of Social Security. It does not state the underlying claim, the agency's decision, or the reasons for the remand. It states that the court's ruling is based on a stipulation and order dated June 26, 2023.
Ruling
The court ordered that the action be remanded to the Commissioner of Social Security under sentence four of 42 U.S.C. § 405(g). A sentence-four remand sends the matter back for further administrative proceedings. The judgment specifically includes the opportunity for a new hearing. The judgment cites Shalala v. Schaefer, 509 U.S. 292 (1993).
Disposition
The action was remanded for further administrative proceedings, including the opportunity for a new hearing. The judgment was dated June 26, 2023, in New York, New York, and entered by the clerk of court.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.