United States District Court, N.D. New York
PLAINTIFF: LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ.
DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney
for the Northern District of New York PRASHANT TAMASKAR, ESQ.
Special Assistant U.S. Attorney
E. PEEBLES, CHIEF U.S. MAGISTRATE JUDGE
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) and 1383(c)(3), are cross-motions for judgment
on the pleadings. Oral argument was conducted in connection
with those motions on February 24, 2017 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.
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:
Plaintiff's motion for judgment on the pleadings is
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.
matter is hereby REMANDED to the Commissioner, with a
directed finding of disability, for the purpose of
calculating benefits owing to the plaintiff.
clerk is 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.
STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
WEBB, Plaintiff, vs.
A. BERRYHILL, Acting Commissioner of Social Security,
of a Decision held during a Telephone
Conference on February 24, 2017, at the James Hanley Federal
Building, 100 South Clinton Street, Syracuse, New York, the
HONORABLE DAVID E. PEEBLES, United States Magistrate Judge,
Plaintiff: LACHMAN, GORTON LAW FIRM Attorneys at Law P.O. Box
89 1500 East Main Street Endicott, New York 13761-0089. BY:
PETER A. GORTON, ESQ.
Defendant: SOCIAL SECURITY ADMINISTRATION Office of Regional
General Counsel Region II 26 Federal Plaza - Room 3904 New