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Mayette v. Commissioner of Social Security

United States District Court, N.D. New York

June 2, 2017

PATTIE A. MAYETTE, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          FOR PLAINTIFF: CONBOY, McKAY, BACHMAN & KENDALL, LLP

          LAWRENCE HASSELER, ESQ.

          FOR DEFENDANT: HON. RICHARD S. HARTUNIAN United States Attorney

          JUNE L. BYUN, 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 of Social Security, pursuant to 42 U.S.C. §' 405(g) and 1383(c)(3), are cross-motions for judgment on the pleadings.[1] Oral argument was heard in connection with those motions on June 1, 2017, during a telephone conference conducted 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 resulted from the application of proper legal principles and is 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, which has been transcribed, is attached to this order, and is incorporated herein by reference, it is hereby

         ORDERED, as follows:

         1) Defendant's motion for judgment on the pleadings is GRANTED.

         2) The Acting Commissioner's determination that the plaintiff was not disabled at the relevant times, and thus is not entitled to benefits under the Social Security Act, is AFFIRMED.

         3) The clerk is respectfully directed to enter judgment, based upon this determination, DISMISSING plaintiff's complaint in its entirety.

         Transcript of a Decision held during a Telephone Conference on June 1, 2017, at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York, the HONORABLE DAVID E. PEEBLES, United States Magistrate Judge, Presiding.

         THE COURT: All right, thank you, I'll have to let that be the last word. I have before me a request for judicial review of an adverse determination by the Acting Commissioner pursuant to 42 United States Code Section 405(g) and 1383(c)(3).

         The background is as follows: Plaintiff was born in February of 1961, is currently 56 years old, she was 50 years old at the time of the alleged onset of her disability as amended. She stands 5 foot 2 inches, weighs 172 pounds. She lives with her daughter in a third floor apartment. She has a high school degree and underwent a BOCES office technology course. She possesses a driver's license but has not driven in quite some time. Plaintiff last worked in February of 2012. Her past work experiences include as a cashier in a store, as a ...


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