Stewart v. Commissioner of Social Security
- Katharine Parker
- 1:23-cv-05359
- U.S. District Court · Southern District of New York
- 1
In Stewart v. Commissioner of Social Security, Judge Parker reversed the Commissioner’s decision and remanded the case for further proceedings.
The plaintiff and the Commissioner of Social Security; the Commissioner must provide a new hearing opportunity and issue a new decision.
What happened
In Stewart v. Commissioner of Social Security, the court addressed the Commissioner’s decision denying or otherwise resolving the plaintiff’s Social Security claim. The opinion states that the parties’ stipulation led to the court’s ruling.
The court reversed the Commissioner’s decision and sent the case back to the Commissioner for further administrative proceedings. The Commissioner must offer the plaintiff a new hearing and issue a new decision.
Judge Katharine Parker is identified as the judge in the case information. The judgment was dated January 10, 2024, and entered by the Clerk of Court.
The detailed version
- Stewart v. Commissioner of Social Security · No. 1:23-cv-05359
- Katharine Parker
- Jan. 10, 2024
Background
The plaintiff brought this Social Security case against Martin O’Malley, Commissioner of Social Security. The judgment states that the court’s ruling was based on a stipulation and order dated January 10, 2024.
Ruling
The court reversed the Commissioner’s decision and remanded, or sent back, the action to the Commissioner under the fourth sentence of 42 U.S.C. § 405(g). The remand requires further administrative proceedings. On remand, the Commissioner must offer the plaintiff an opportunity for a new hearing and issue a new decision.
Disposition
The judgment orders that the Commissioner’s decision be reversed and that the action be remanded to the Commissioner for further administrative proceedings. 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.