Rivera v. Commissioner of Social Security
- Barbara Moses
- 1:23-cv-03872
- U.S. District Court · Southern District of New York
- 1
In Rivera v. Kijakazi, Judge Moses reversed and remanded the Social Security action for further proceedings, including a new hearing and decision.
Maritza Rivera and the Commissioner of Social Security; the matter must undergo further administrative proceedings, including the opportunity for a new hearing and a new decision.
What happened
In Rivera v. Kijakazi, Maritza Rivera’s action against the Commissioner of Social Security was resolved under a stipulation and order dated July 20, 2023. The opinion does not provide the underlying dispute’s facts or explain the terms of the stipulation.
The court reversed the action’s prior result and sent it back to the Commissioner for further administrative proceedings. Those proceedings may include a new hearing and a new decision.
The judgment was dated July 20, 2023, and the provided case information identifies Judge Barbara Moses. The court entered the remand under sentence four of 42 U.S.C. § 405(g).
The detailed version
- Rivera v. Commissioner of Social Security · No. 1:23-cv-03872
- Barbara Moses
- July 20, 2023
Background
Maritza Rivera sued Kilolo Kijakazi, identified in the caption as the Acting Commissioner of Social Security. The judgment states that the action was resolved for the reasons in a court stipulation and order dated July 20, 2023. The provided text does not describe the underlying Social Security dispute, the administrative decision being challenged, or the parties’ stipulation.
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 sentence-four remand sends the matter back for further administrative proceedings. The judgment specifies that those proceedings include the opportunity for a new hearing and the issuance of a new decision.
Disposition
The action was reversed and remanded. The judgment cites Shalala v. Schaefer, 509 U.S. 292 (1993), and was dated July 20, 2023. The provided judgment is signed by the clerk’s office; Barbara Moses is the judge identified in the supplied case information.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.