Besaw v. Commissioner of Social Security

United States District Court
Northern District of New York
Lisa Ann Besaw, ) Case No. 5:25-cv-01217-ML
Plaintiff, )
)
v. )
)
Commissioner of the Social )
Security Administration, )
Defendant. ) Motion – Document Filed Electronically
CONSENTED-TO MOTION FOR REVERSAL AND REMAND
PURSUANT TO SENTENCE FOUR OF 42 U.S.C. § 405(g)
The Defendant, Frank Bisignano, Commissioner of the Social Security Administration
(“Commissioner”), has determined that remand of the above-captioned matter is appropriate.
Accordingly, the Commissioner respectfully moves this Court, pursuant to sentence four of 42
U.S.C. § 405(g), to enter a judgment reversing his decision with remand of the cause for further
administrative proceedings. See Melkonyan v. Sullivan, 501 U.S. 89 (1991). Under sentence
four of 42 U.S.C. § 405(g), this Court has the power to enter, upon the pleadings and transcript
of the record, “a judgment affirming, modifying, or reversing the decision of the Commissioner
of Social Security, with or without remanding the cause for a rehearing.” Id. at 98.
Upon remand by this Court, the Appeals Council will remand this matter to an
Administrative Law Judge (“ALJ”). Upon remand, the ALJ shall be instructed to offer Plaintiff
the opportunity for a new hearing, and issue a new decision.
For these reasons, the Commissioner respectfully requests that this Court enter an Order
and Final Judgment reversing the Commissioner’s decision and remanding the case for further
administrative proceedings.
Plaintiff’s counsel has authorized the undersigned to represent that Plaintiff consents to
this motion.
Case 5:25-cv-01217-ML Document 12 Filed 04/28/26 Page 1 of 2

DATED: April 27, 2026
Respectfully submitted,
Frank Bisignano,
By His Attorneys
Todd Blanche
Acting Attorney General
John A. Sarcone III
First Assistant United States Attorney
/s/ Hugh Dun Rappaport
Hugh Dun Rappaport
Special Assistant United States Attorney
N.D.N.Y. Bar Roll No. 700992
Program Litigation 2
Social Security Administration
Law & Policy
Attn: Program Litigation 2
6401 Security Boulevard
Baltimore MD 21235-6401
(617) 565-2380
Email: Hugh.Dun.Rappaport@ssa.gov
April 28, 2026
Case 5:25-cv-01217-ML Document 12 Filed 04/28/26 Page 2 of 2