United States District Court, N.D. New York
PLAINTIFF: GORTON LAW OFFICE
DEFENDANT: HON. GRANT C. JAQUITH U.S. Attorney for the
Northern District of New York
A. GORTON, ESQ.
NORWOOD, ESQ. Special Assistant U.S. Attorney
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), 1383(c)(3), are cross-motions for
judgment on the pleadings. Oral argument was conducted in
connection with those motions on January 10, 2018, 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,
with a directed finding of disability, for the purpose of
calculating benefits owing to the plaintiff.
(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.
of a Decision on January 10, 2018, at the
James Hanley Federal Building, 100 South Clinton Street,
Syracuse, New York, the HONORABLE DAVID E. PEEBLES, United
States Magistrate Judge, Presiding.
noted: 10:21 a.m.)
Chambers, Counsel present by telephone.)
COURT: All right. I have before me a request for judicial
review of an adverse determination by the Acting Commissioner
pursuant to 42 United States Code Sections 405(g) and
background is as follows: Plaintiff was born in April of
1988, is currently 29 years old. She is 5'5" tall
and, at least in June of 2016, weighed 243 pounds. She has
been characterized as being obese.
a ninth grade education and no GED. While in school, she
attended regular classes. She was generally a good student,
but dropped out at age 14 and moved in with her boyfriend and
unclear where she currently lives at the time. At one point,
she lived in Binghamton, but she may have moved out of state
to North Carolina.
last worked for one year in a Dell call center either one
year or two years. At one point in the administrative
transcript it's listed as June 2007 to February 2008. She
was fired for absenteeism. She has also worked in a fast food
setting at a Kentucky Fried Chicken and in another call
center in Florida.
suffers from both physical and mental impairments. She
suffers back pain and has been treated by Dr. Sae --
S-A-E-J-O-U-N, Park. She was also referred to an orthopedic
specialist, Dr. Kamlesh, K-A-M-L-E-S-H, Desai, D-E-S-A-I.
She's been diagnosed as having lumbar scoliosis with mild
pelvic obliquity, but her disc spacing appears to be
maintained and there's no evidence of subluxation.
underwent MRI testing back in 2007 that showed mild facet
arthropathy and synovitis at ¶ 3-L4 and L5-Sl, but with
no compressive discopathy. The plaintiff has been diagnosed,
at least at one point by her treating physician, Dr. Park, as