Lugo Irizarry v. Commissioner of Social Security
- Kenneth Karas
- 7:23-cv-01894
- U.S. District Court · Southern District of New York
- 1
In Lugo Irizarry v. Kijakazi, Judge Karas reversed the Commissioner’s decision and sent the case back for a hearing and new decision.
The ruling affects Hector Luis Lugo Irizarry and the Social Security Administration, which must conduct further proceedings including an opportunity for a hearing and issue a new decision.
What happened
In Lugo Irizarry v. Commissioner of Social Security, the court considered a challenge to the Commissioner’s decision, but this judgment does not explain the underlying dispute or the reasons for that decision.
The parties’ stipulation led to an order dated November 6, 2023. The judgment reversed the Commissioner’s decision and sent the case back to the Social Security Administration for more proceedings, including an opportunity for a hearing and a new decision.
Judge Kenneth Karas is identified in the case information supplied with the opinion. The judgment was dated November 6, 2023, and entered by the Clerk of Court.
The detailed version
- Lugo Irizarry v. Commissioner of Social Security · No. 7:23-cv-01894
- Kenneth Karas
- Nov. 6, 2023
Background
Hector Luis Lugo Irizarry sued Kilolo Kijakazi, identified in the caption as the Acting Commissioner of Social Security. The judgment does not describe the underlying benefits dispute or the reasons for the Commissioner’s decision. It states that the court’s action was based on the parties’ stipulation and the court’s order dated November 6, 2023.
Court’s Action
The court reversed the Commissioner’s decision. It also remanded, meaning it sent the action back to the Commissioner of Social Security under the fourth sentence of 42 U.S.C. § 405(g) for further administrative proceedings. Those proceedings are to include an opportunity for a hearing and a new decision.
Disposition
The judgment states that the Commissioner’s decision “be, and hereby is, reversed” and that the action “be, and hereby is, remanded” for further proceedings. Judge Kenneth Karas is the judge identified for this case in the supplied case information. The judgment 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.