United States District Court, N.D. New York
PLAINTIFF: GORTON LAW FIRM
DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney
for the Northern District of New York
A. GORTON, ESQ. FERGUS J. KAISER, ESQ. Special Assistant U.S.
Plaintiff: LACHMAN, GORTON LAW FIRM Attorneys at Law PETER A.
Defendant: SOCIAL SECURITY ADMINISTRATION Office of General
Counsel FERGUS J. KAISER, ESQ. Eileen McDonough, RPR, CRR
Official United States Court Reporter Syracuse, New York
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 May 24, 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 did not result from
the application of proper legal principles and 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
1) Plaintiff's motion for judgment on the pleadings is
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
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.
COURT: I have before me a request for judicial review of an
adverse determination by the Acting Commissioner of Social
Security pursuant to 42, ...