United States District Court, N.D. New York
PLAINTIFF: OLINSKY LAW GROUP HOWARD D. OLINSKY, ESQ. ALYSSA
VAN AUKEN, ESQ.
DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney
MARIA FRAGASSI SANTANGELO, ESQ. Special Assistant U.S.
Defendant: SOCIAL SECURITY ADMINISTRATION Office of Regional
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. Oral argument was
heard in connection with those motions on March 21, 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.
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
Defendant's motion for judgment on the pleadings is
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
clerk is respectfully directed to enter judgment, based upon
this determination, DISMISSING plaintiff's complaint in
E. PEEBLES U.S. MAGISTRATE JUDGE.
McDonough, RPR, CRR Official United States Court Reporter
P.O. Box 7367 Syracuse, New York 13261 (315)234-8546
COURT: So I have before me a request for judicial review of
an adverse determination by the Commissioner under Sections
405(g) and 1383(c)(3) of Title 42 of the United States Code.
The facts of this case are as follows.
was born in March of 1965, is currently 52 years old. She was
47 years old at the time of the alleged onset of her
disability and 49 years old at the time of the administrative
hearing in this matter. She has an eleventh grade education.
She fell ...