Smith v. Commissioner of Social Security
||Commissioner of Social Security
||December 26, 2012
||New York Northern District Court
||Lawrence E. Kahn
||David E. Peebles
|Nature of Suit:
||Social Security: SSID Tit. XVI
|Cause of Action:
||42:405 Review of HHS Decision (SSID)
|Jury Demanded By:
Available Case Documents
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|Date Filed||#||Document Text|
|July 10, 2014
ORDER - ORDERED that Magistrate Judge Earl S. Hines' March 18, 2014 18 Report and Recommendation is ADOPTED in its entirety; and it is further ORDERED that this action be remanded to the Commissioner for further consideration pursuant to sentence six of 42 U.S.C. § 405(g); and it is further ORDERED that the Clerk administratively close this case while the Commissioner is considering the new evidence, including the medical opinion of Dr. Yeager, on remand. Following remand, t he Commissioner shall file with this court the findings of fact and decision, and, if the Commissioners decision is not fully favorable to Smith, a transcript of the additional record and testimony upon which the Commissioners modification or affirma nce of the prior decision is based. The court shall retain jurisdiction to hear any further appeals of the Commissioner's determination. Signed by Chief Judge Gary L. Sharpe on 7/10/2014. (jel, ) (Main Document 21 replaced on 7/10/2014) (jel, ).
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