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Jackson v. Commissioner of Social Security

United States District Court, N.D. New York

April 11, 2017

ALBERT JACKSON, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          FOR PLAINTIFF DOLSON LAW OFFICE

          FOR DEFENDANT HON. RICHARD S. HARTUNIAN United States Attorney

          STEVEN R. DOLSON, ESQ.

          GRAHAM MORRISON, ESQ. Special Assistant U.S. Attorney

          ORDER

          DAVID E. PEEBLES 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 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.[1] Oral argument was heard in connection with those motions on April 7, 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 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

         April ...


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