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Sayman v. Berryhill

United States District Court, N.D. New York

January 17, 2018

JESSICA SAYMAN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          FOR PLAINTIFF: GORTON LAW OFFICE PETER A. GORTON, ESQ.

          FOR DEFENDANT: HON. GRANT C. JAQUITH United States Attorney BENIL ABRAHAM, 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), 1383(c)(3), are cross-motions for judgment on the pleadings.[1] Oral argument was heard in connection with those motions on January 16, 2018, 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 Digitally-Recorded Telephone Conference on January 16, 2018, at the James Hanley Federal Building, 100 South Clinton Street, Syracuse, New York, the HONORABLE DAVID E. PEEBLES, United States Magistrate Judge, Presiding.

         APPEARANCES

         (By Telephone)

         For Plaintiff: LACHMAN, GORTON LAW FIRM Attorneys at Law P.O. Box 89 1500 East Main Street Endicott, New York 13761-0089 BY: PETER A. GORTON, ESQ.

         For Defendant: SOCIAL SECURITY ADMINISTRATION 26 Federal Plaza New York, New York 10019 BY: BENIL ABRAHAM, ESQ.

         Jodi L. Hibbard, RPR, CSR, CRROfficial United States Court Reporter100 South Clinton StreetSyracuse, New ...


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