United States District Court, N.D. New York
PLAINTIFF OFFICE OF PETER M. MARGOLIUS
DEFENDANT HON. RICHARD S. HARTUNIAN United States Attorney
for the Northern District of New York
RICHARD S. HARTUNIAN CATHERINE L. ZURGRUGG, ESQ.
COUNSEL: PETER M. MARGOLIUS, ESQ. CATHERINE L. ZURGRUGG, ESQ.
Special Assistant U.S. Attorney
E. PEEBLES CHIEF U.S. MAGISTRATE JUDGE
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. 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.
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
Plaintiff's motion for judgment on the pleadings is
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.
matter is hereby REMANDED to the Acting Commissioner, without
a directed finding of disability, for further proceedings
consistent with this determination.
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.
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,
chambers, via telephone:)
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, ...