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Webb v. Berryhill

United States District Court, N.D. New York

February 28, 2017

WILLIAM WEBB, Plaintiff,
v.
NANCY A. BERRYHILL, [1] Acting Commissioner of Social Security, Defendant.

          FOR PLAINTIFF: LACHMAN, GORTON LAW FIRM PETER A. GORTON, ESQ.

          FOR DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York PRASHANT TAMASKAR, 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 Commissioner, pursuant to 42 U.S.C. § 405(g) and 1383(c)(3), are cross-motions for judgment on the pleadings.[2] 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.

         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, with a directed finding of disability, for the purpose of calculating benefits owing to the plaintiff.

         4) The 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.

         UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK

         WILLIAM WEBB, Plaintiff, vs.

         NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

         Transcript 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, Presiding.

         For 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.

         For Defendant: SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel Region II 26 Federal Plaza - Room 3904 New ...


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