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Priest v. Commissioner of Social Security

United States District Court, N.D. New York

January 23, 2017

NICHOLAS IRA PRIEST, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          FOR PLAINTIFF: OFFICE OF JOHN L. BARDSLEY, JOHN L. BARDSLEY, ESQ.

          FOR DEFENDANT: HON. RICHARD S. HARTUNIAN, KATHRYN S. POLLACK, ESQ. Special Assistant U.S. Attorney

          ORDER

          DAVID E. PEEBLES, CHIEF U.S. MAGISTRATE JUDGE

         Currently pending before the court in this action, in which plaintiff seeks judicial review of an adverse administrative determination by the Acting Commissioner of Social Security, pursuant to 42 U.S.C. §' 405(g) and 1383(c)(3), are cross-motions for judgment on the pleadings.[1] Oral argument was heard in connection with those motions on January 17, 2017, during a telephone conference conducted 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 Acting 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 this 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 Acting 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.

         Transcript of DECISION held on January 17, 2017, at the James Hanley U.S. Courthouse, 100 South Clinton Street, Syracuse, New York, the HONORABLE DAVID E. PEEBLES, Presiding.

         For Plaintiff: JOHN L. BARDSLEY, ESQ. (Via Telephone) 36 Main Street PO Box 166 Cortland, New York 13045

         For Defendant: SOCIAL SECURITY ADMINISTRATION (Via Telephone) Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New York, New York 10278, KATHRYN S. POLLACK, ESQ.

         (In chambers, via telephone:)

         THE COURT: All right. I have before me a request for judicial review of an adverse determination by the Commissioner of Social Security pursuant to 42 United States Code, Sections 405(g) and 1383(c)(3).

         The background is as follows: The plaintiff was born in August of 1979. Is currently 37 years old. Was 34 years old at the time of the hearing in this matter and 32 ...


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