Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Couvertier v. Commissioner of Social Security

United States District Court, N.D. New York

April 28, 2017

JOEL COUVERTIER, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          FOR PLAINTIFF OFFICE OF PETER M. MARGOLIUS

          FOR DEFENDANT HON. RICHARD S. HARTUNIAN United States Attorney for the Northern District of New York

          HON. RICHARD S. HARTUNIAN CATHERINE L. ZURGRUGG, ESQ.

          OF COUNSEL: PETER M. MARGOLIUS, ESQ. CATHERINE L. ZURGRUGG, 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 Acting Commissioner, pursuant to 42 U.S.C. §§ 405(g), and 1383(c)(3) are cross-motions for judgment on the pleadings.[1] Oral argument was conducted in connection with those motions on April 19, 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 Acting Commissioner's determination 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 Acting 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 Acting Commissioner, without a directed finding of disability, for further proceedings consistent with this determination.

         4) The clerk is respectfully directed to enter judgment, based upon this determination, remanding the matter to the Acting Commissioner pursuant to sentence four of 42 U.S.C. § 405(g) and closing this case.

         Transcript of DECISION ON THE RECORD held on April 19, 2017, at the James Hanley U.S. Courthouse, 100 South Clinton Street, Syracuse, New York, the HONORABLE DAVID E. PEEBLES, Presiding.

         (In chambers, via telephone:)

         THE COURT: I have before me a request for judicial review of an adverse determination by the commissioner, or acting commissioner of Social Security, pursuant to 42, ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.