Rosado v. Kijakazi
- Lewis Liman
- 1:22-cv-09709
- U.S. District Court · Southern District of New York
- 1
In Rosado v. Kijakazi, Judge Liman reversed and remanded the Social Security case for further administrative proceedings.
Edward Rosado and the Social Security administration are affected. The Commissioner must conduct further administrative proceedings, including an opportunity for a new hearing and issuance of a new decision.
What happened
Edward Rosado sued Kilolo Kijakazi, the Commissioner of Social Security. The court’s judgment says the action was reversed and sent back to the Commissioner under a July 20, 2023 stipulation and order.
The Commissioner must conduct further administrative proceedings, including giving Rosado an opportunity for a new hearing and issuing a new decision. The judgment does not explain the underlying reason for the remand.
Judge Lewis Liman’s court entered judgment on July 21, 2023, and directed the Clerk to record it. The remand was made under sentence four of the federal Social Security judicial-review statute.
The detailed version
- Rosado v. Kijakazi · No. 1:22-cv-09709
- Lewis Liman
- July 21, 2023
Background
Edward Rosado brought this action against Kilolo Kijakazi, identified in the judgment as the Commissioner of Social Security. The judgment states that the court acted for the reasons given in a stipulation and order dated July 20, 2023. The opinion text provided does not describe the underlying dispute or the specific reason for the remand.
Ruling
The court reversed the action and remanded it 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 after the court’s judicial review. The judgment specifically includes the opportunity for a new hearing and issuance of a new decision.
Disposition
The court directed the Clerk to enter judgment. The judgment is dated July 21, 2023, and 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.