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Peach v. Commissioner of Social Security

United States District Court, Second Circuit

November 6, 2013

CHRISTINA M. PEACH, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

KAREN SOUTHWICK, ESQ., JILLIAN C. KARAS, ESQ., OLINSKY LAW GROUP, Syracuse, NY, for Plaintiff.

JEREMY A. LINDEN, ESQ., ALEXANDER CRISTAUDO, ESQ., Special Assistant U.S. Attorneys, HON. RICHARD S. HARTUNIAN, United States Attorney, Syracuse, NY, for Defendant.

ORDER

DAVID E. PEEBLES, Magistrate Judge.

Currently pending before the court in this action, in which plaintiff seeks judicial review of an adverse administrative determination by the Commissioner, pursuant to 42 U.S.C. ยง 405(g), are cross-motions for judgment on the pleadings.[1] Oral argument was conducted in connection with those motions on October 25, 2013, during a telephone conference at which a court reporter was present. At the close of argument I issued a bench decision in which, after applying the requisite deferential review standard, I found that the Commissioner's determination resulted from the application of proper legal principles and is supported by substantial evidence, providing further detail regarding my reasoning and addressing the specific issues raised by the plaintiff in her appeal.

After due deliberation, and based upon the court's oral bench decision, which has been transcribed, is attached to this order, and is incorporated herein by reference, it is hereby

ORDERED, as follows:

1) Defendant's motion for judgment on the pleadings is GRANTED.

2) The Commissioner's determination that the plaintiff was not disabled at the relevant times, and thus is not entitled to benefits under the Social Security Act, is AFFIRMED.

3) The clerk is respectfully directed to enter judgment, based upon this determination, dismissing plaintiff's complaint in its entirety.


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