United States District Court, N.D. New York
PETER A. GROTON, ESQ., LACHMAN, GROTON LAW FIRM, Endicott, NY, for Plaintiff.
JOSHUA L. KERSHNER, ESQ, Special Assistant U.S. Attorney, HON. RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, Syracuse, NY, for Defendant.
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. § 405(g), are cross-motions for judgment on the pleadings. Oral argument was conducted in connection with those motions on May 15, 2015 during a telephone conference, held on the record. 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 did not result from the application of proper legal principles and is not supported by substantial evidence, providing further detail regarding my reasoning and addressing the specific issues raised by the plaintiff in this appeal.
After due deliberation, and based upon the court's oral bench decision, a transcript of which is attached and incorporated herein by reference, it is hereby
ORDERED, as follows:
1) Plaintiff's motion for judgment on the pleadings is GRANTED.
2) The Commissioner's determination that plaintiff was not disabled at the relevant times, and thus is not entitled to benefits under the Social Security Act, is VACATED.
3) The matter is hereby REMANDED to the Commissioner, without a directed finding of disability, for further proceedings consistent with this determination.
4) The clerk is respectfully directed to enter judgment, based upon this determination, remanding the matter to the Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and closing this case.
Transcript of a Decision held during a Telephone Conference held on May 15, 2015, at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York, the HONORABLE DAVID E. PEEBLES, United States Magistrate Judge, Presiding.
THE COURT: Thank you both for excellent and spirited arguments and written presentations.
I have before me a request for judicial review of a Commissioner's determination under 42 United States Code Section 405(g).
The background of this matter is as follows: The plaintiff was born in August of 1977, and is currently 37 years old. She has a 12th grade education and one year of college education. She left college, however, based on a severe automobile accident which she apparently suffered in June of 2005. That is reflected at page 435 of the administrative transcript. She has worked in various positions in the past including in medical records and in day care training. She last worked on March 31st, 2009. She worked at Walmart for 10 years off and on, primarily, or her last job at least was working overnight stocking shelves. She left due to lower back pain, ...