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Burton v. Commissioner of Social Security

United States District Court, N.D. New York

February 26, 2018

JONATHAN F. BURTON, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          LARS P. MEAD, ESQ. FOR PLAINTIFF

          HON. GRANT C. JAQUITH U.S. Attorney for the Northern District of New York, DAVID B. MYERS, ESQ. Special Assistant U.S. Attorney FOR DEFENDANT

          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), 1383(c)(3), are cross-motions for judgment on the pleadings.[1] Oral argument was conducted in connection with those motions on February 20, 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.

         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.

         THE COURT: 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 1383(c)(3).

         The background is as follows. The plaintiff was born in November 1986. He is currently 31 years old. He was 28 years old at the time of the hearing in this matter. He is 6-foot 2-inches in height and weighs 260 pounds. He attended school through the 11th grade. He went to an alternative school for seven years and dropped out after a good friend committed suicide. He achieved his GED at age 22.

         Plaintiff rents a room. He last worked in 2006 for four to six months part time, 15 to 20 hours a week, in Florida selling video games and systems. His only other significant employment was a summer job when he was 14 or 15 years old at the Ithaca Science Center.

         Plaintiff does not have a driver's license. He counts on his mother or public ...


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