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Denslow v. Berryhill

United States District Court, N.D. New York

July 27, 2017

RONALD FREDERICK DENSLOW, JR., Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, [1]Defendant.

          FOR PLAINTIFF: PETER M. HOBAICA, LLC B. BROOKS BENSON, ESQ.

          FOR DEFENDANT: HON. GRANT JAQUITH DANIELLA M. CALENZO, ESQ. Special Assistant U.S. Attorney Acting 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, pursuant to 42 U.S.C. § 405(g), are cross-motions for judgment on the pleadings.[2] Oral argument was conducted in connection with those motions on July 25, 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.

         Transcript of a Decision held during a Digitally-Recorded Telephone Conference on July 25, 2017, at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York, the HONORABLE DAVID E. PEEBLES, United States Magistrate Judge, Presiding.

         (In Chambers, Counsel present by telephone.)

         THE COURT: All right. This is an interesting case. I've reviewed very carefully the parties' submissions, the record, in particular the many reports of Dr. Davis as well as the other individuals that have examined plaintiff.

         So I have before me a request for judicial review of an adverse determination pursuant to 42 ...


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