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S.D.N.Y.Substantive rulingFiled Aug. 2, 2023

Acevedo v. Commissioner of Social Security

Judge
Cathy Seibel
Docket
7:22-cv-10931
Court
U.S. District Court · Southern District of New York
Pages
1
Social SecurityCivil Procedure
In one sentence

In Acevedo v. Kijakazi, Judge Seibel reversed the action and sent the case back to the Commissioner for further proceedings.

Who this affects

Heiner Acevedo and the Commissioner of Social Security; the matter returns to the Commissioner for further administrative proceedings.

What happened

Acevedo v. Kijakazi concerns Heiner Acevedo’s action against the Acting Commissioner of Social Security. The judgment refers to reasons stated in a separate stipulation and order dated August 1, 2023.

The court ordered that the action be reversed and remanded to the Commissioner of Social Security for further administrative proceedings, including a new hearing and decision if necessary.

Judge Cathy Seibel entered the ruling under sentence four of the Social Security statute, 42 U.S.C. § 405(g).

The detailed version

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

Case
Acevedo v. Commissioner of Social Security · No. 7:22-cv-10931
Judge
Cathy Seibel
Date
Aug. 2, 2023

Background

Heiner Acevedo brought this action against Kilolo Kijakazi, identified in the judgment as the Acting Commissioner of Social Security. The judgment does not explain the underlying dispute or the specific reasons for the court’s decision; it refers to a separate stipulation and order dated August 1, 2023.

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). The case was sent back for further administrative proceedings, including, if necessary, a new hearing and decision.

Effect

The judgment requires further proceedings before the Commissioner. It does not state what the Commissioner must decide on remand beyond indicating that a new hearing and decision may be necessary. Judge Cathy Seibel is identified in the case information supplied with the opinion.

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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