Queal v. Commissioner of Social Security
|William C. Queal, Jr.
|Commissioner of Social Security
|December 15, 2016
|US District Court for the Northern District of New York
|Andrew T. Baxter
|Nature of Suit:
|Supplemental Security Income
|Cause of Action:
|42 U.S.C. § 405
|Jury Demanded By:
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|August 16, 2017
JUDGMENT: It is ORDERED that the final decision of the Commissioner be and hereby is, in part, REVERSED, and the matter is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) to the defendant for further administrative action. It is further ORDERED that the within matter be and hereby is DISMISSED in accord with the decision in Melkonyan v. Sullivan, 111 S. Ct. 2157 (1991). It is further ORDERED that, upon remand, the Commissioner shall only consider Plaintiff's claims for benefit s under Title XVI of the Act for a period beginning of April 19, 2012. It is further ORDERED that the Commissioner's final decision dismissing Plaintiff's claims for benefits under Titles II and XVI of the Act for the period of October 1, 2004 through April 18, 2012 is hereby AFFIRMED. (mc)
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