United States District Court, N.D. New York
D.L.K. a minor, by SABRINA BRINK, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY Defendant.
OFFICE OF PETER MARGOLIUS Counsel for Plaintiff
SOCIAL SECURITY ADMIN. OFFICE OF REG'L GEN.
COUNSEL-REGION II Counsel for Defendant
MARGOLIUS, ESQ. ELIZABETH ROTHSTEIN, ESQ.
MEMORANDUM-DECISION AND ORDER
William B. Mitchell Carter, U.S. Magistrate Judge
matter was referred to me, for all proceedings and entry of a
final judgment, pursuant to the Social Security Pilot
Program, N.D.N.Y. General Order No. 18, and in accordance
with the provisions of 28 U.S.C. § 636(c), Fed.R.Civ.P.
73, N.D.N.Y. Local Rule 73.1 and the consent of the parties.
(Dkt. Nos. 4, 14)
before the Court, in this Social Security action filed by
Sabrina Brink (“Plaintiff”) on behalf of her
minor step-son, D.L.K. (“Claimant”) against the
Commissioner of Social Security (“Defendant” or
“the Commissioner”) pursuant to 42 U.S.C. §
405(g), are the parties' cross-motions for judgment on
the pleadings. (Dkt. Nos. 11, 12.) For the reasons set forth
below, it is ordered that Plaintiff's motion be denied
and Defendant's motion be granted.
time of filing and at the time of his hearing, Claimant was a
school aged child. (T. 15); 20 C.F.R. § 416.926a(g)(2).
Claimant's alleged disability consists of attention
deficit hyperactivity disorder (“ADHD”). (T.
February 7, 2013, Plaintiff applied for Supplemental Security
Income (“SSI”) under Title XVI of the Social
Security Act on Claimant's behalf. (T. 50.)
Plaintiff's application was initially denied, after which
she timely requested a hearing before an Administrative Law
Judge (“the ALJ”). On July 30, 3014 Plaintiff and
Claimant appeared before the ALJ, Robert Wright. (T. 29-49.)
On October 8, 2014, ALJ Wright issued a written decision
finding Claimant not disabled under the Social Security Act.
(T. 9-27.) On May 25, 2016, the Appeals Council
(“AC”) denied Plaintiff's request for review,
rendering the ALJ's decision the final decision of the
Commissioner. (T. 1-6.) Thereafter, Plaintiff timely sought
judicial review in this Court.