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Williams v. Berryhill

United States District Court, N.D. New York

March 31, 2017

VICKI LYNNE WILLIAMS, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, [1]Defendant.

          FOR PLAINTIFF: OLINSKY LAW GROUP HOWARD D. OLINSKY, ESQ. ALYSSA VAN AUKEN, ESQ.

          FOR DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney MARIA FRAGASSI SANTANGELO, ESQ. Special Assistant U.S. Attorney.

          For Defendant: SOCIAL SECURITY ADMINISTRATION Office of Regional General Counsel

         ORDER

         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.[2] 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.

         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.

          DECISION

          DAVID E. PEEBLES U.S. MAGISTRATE JUDGE.

         Eileen McDonough, RPR, CRR Official United States Court Reporter P.O. Box 7367 Syracuse, New York 13261 (315)234-8546

         THE 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.

         Plaintiff 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 ...


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