United States District Court, N.D. New York
PLAINTIFF: GORTON LAW OFFICE PETER A. GORTON, ESQ.
DEFENDANT: HON. GRANT C. JAQUITH United States Attorney BENIL
ABRAHAM, 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 of Social Security,
pursuant to 42 U.S.C. §' 405(g), 1383(c)(3), are
cross-motions for judgment on the pleadings. 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.
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:
Defendant's motion for judgment on the pleadings is
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
clerk is respectfully directed to enter judgment, based upon
this determination, DISMISSING plaintiff's complaint in
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.
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.
Defendant: SOCIAL SECURITY ADMINISTRATION 26 Federal Plaza
New York, New York 10019 BY: BENIL ABRAHAM, ESQ.
L. Hibbard, RPR, CSR, CRROfficial United States
Court Reporter100 South Clinton StreetSyracuse, New ...