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Lynn v. Berryhill

United States District Court, N.D. New York

May 26, 2017

GORDON LYNN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security[1], Defendant.

         APPEARANCES:

          FOR PLAINTIFF: GORTON LAW FIRM

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

         OF COUNSEL:

          PETER A. GORTON, ESQ. FERGUS J. KAISER, ESQ. Special Assistant U.S. Attorney

          For Plaintiff: LACHMAN, GORTON LAW FIRM Attorneys at Law PETER A. GORTON, ESQ.

          For Defendant: SOCIAL SECURITY ADMINISTRATION Office of General Counsel FERGUS J. KAISER, ESQ. Eileen McDonough, RPR, CRR Official United States Court Reporter Syracuse, New York

          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.[2] 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.

         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.

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


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