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Social Security: SSID Tit. XVI | New York Southern
Stipulation and Order
STIPULATION AND ORDER OF REMAND PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g): IT IS HEREBY STIPULATED AND AGREED, by and between the attorneys for the defendant and the plaintiff, that the Commissioner's decision be, and hereby is, reversed and that this action be, and hereby is, remanded to the Commissioner of Social Security, pursuant to the fourth sentence of 42 U.S.C. § 405(g), for further administrative proceedings. Upon remand, the Commissioner will offer the plaintiff the opportunity for a hearing and issue a new decision. The Clerk is directed to enter judgment. See Shalala v. Schaefer, 509 U.S. 292 (1993). SO ORDERED. (Signed by Magistrate Judge Sarah L. Cave on 7/27/2026) (ar) Transmission to Orders and Judgments Clerk for processing.
Report and Recommendations
REPORT AND RECOMMENDATION re: 57 SECOND MOTION to Substitute Party. Old Party: Thomasina Kimbrough, New Party: Ora Kimbrough, on behalf of Thomasina Kimbrough, deceased . filed by Thomasina Kimbrough. For the reasons discussed herein, I recommend that Ora Kimbrough's motion to substitute herself as Plaintiff in this action be GRANTED. I further recommend that Plaintiff's motion for attorneys' fees be GRANTED, and counsel be awarded the sum of $48,878.50. Finally, I recommend that any award should be paid out of Plaintiff's past-due benefits and, upon receipt of this sum, counsel should be required to refund the previously awarded EAJA fees of $6,900 to Plaintiff. Objections to R&R due by 8/10/2026 (Signed by Magistrate Judge Valerie Figueredo on 7/27/2026) (rro)
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