McMillian v. Commissioner of Social Security
- Robert Lehrburger
- 1:23-cv-08423
- U.S. District Court · Southern District of New York
- 1
In McMillian v. Commissioner of Social Security, Judge Lehrburger ordered a sentence-four remand for further proceedings, including a new hearing and decision.
Quinella Ariciamcmillian and the Commissioner of Social Security; the case returns to the Commissioner for further proceedings, including an opportunity for a new hearing and a new decision.
What happened
McMillian v. Commissioner of Social Security concerns a judgment reversing and remanding the action to the Commissioner of Social Security. The judgment refers to reasons stated in the Court’s January 22, 2024 Stipulation and Order, but those reasons are not included in the opinion text.
The court ordered a remand under sentence four of 42 U.S.C. § 405(g). The remand includes further administrative proceedings, an opportunity for a new hearing, and a new decision.
Judge Robert Lehrburger is identified in the supplied case information. The judgment was dated January 22, 2024, and entered by the court clerk’s office.
The detailed version
- McMillian v. Commissioner of Social Security · No. 1:23-cv-08423
- Robert Lehrburger
- Jan. 22, 2024
Background
The opinion is a judgment in an action brought by Quinella Ariciamcmillian against the Commissioner of Social Security. It states that the reasons for the result were given in the Court’s Stipulation and Order dated January 22, 2024. The text provided here does not include that stipulation and order or explain the underlying dispute.
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 based on the court’s judgment. The judgment specifically provides for further proceedings, including an opportunity for a new hearing and a new decision. It cites Shalala v. Schaefer, 509 U.S. 292 (1993).
Effect
The Commissioner must conduct the further proceedings described in the judgment, including the opportunity for a new hearing and a new decision. The provided opinion does not state what the Commissioner’s new decision must be or identify the reasons underlying the remand beyond referring to the separate stipulation and order.
Read the full 1-page opinion on CourtListener, the free public archive maintained by the Free Law Project.