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Wyman v. Berryhill

United States District Court, N.D. New York

March 29, 2017

CLARENCE R. WYMAN, Plaintiff,
v.
NANCY BERRYHILL, [1] Acting Commissioner of Social Security, Defendant.

         APPEARANCES:

          FOR THE PLAINTIFF: Olinsky Law Group

          FOR THE DEFENDANTS: HON. RICHARD S. HARTUNIAN United States Attorney

          Steven P. Conte Regional Chief Counsel Office of General Counsel, Region II

         OF COUNSEL:

          HOWARD D. OLINSKY, ESQ.

          SERGEI ADEN Special Assistant U.S. Attorney

          MEMORANDUM-DECISION AND ORDER

          Gary L. Sharpe, Senior District Judge

         I. Introduction

         Plaintiff Clarence R. Wyman challenges the Commissioner of Social Security's denial of supplemental security income (SSI), seeking judicial review under 42 U.S.C. § 405(g). (Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Wyman's arguments, the Commissioner's decision is reversed and remanded for further proceedings.

         II. Background

         On October 15, 2013, Wyman filed an application for SSI under the Social Security Act (“the Act”). (Tr.[2] at 96, 178-83.) After his application was denied, (id. at 114-21), Wyman requested a hearing before an Administrative Law Judge (ALJ), (id. at 122-24), which was held on March 31, 2015, (id. at 26-55). On July 8, 2015, the ALJ issued an unfavorable decision finding Wyman ineligible for SSI and denying the requested benefits, (id. at 10-25), which became the Commissioner's final determination upon the Appeals Council's denial of review, (id. at 1-5).

         Wyman commenced this action by filing his complaint on January 6, 2016 wherein he sought review of the Commissioner's determination. (See generally Compl.) The Commissioner filed an answer and a certified copy of the administrative transcript. (Dkt. Nos. 7, 8.) Each party, seeking judgment on the pleadings, filed a brief. (Dkt. Nos. 9, 10.)

         III. ...


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