United States District Court, N.D. New York
JONATHAN F. BURTON, Plaintiff,
COMMISSIONER OF SOCIAL SECURITY, Defendant.
P. MEAD, ESQ. FOR PLAINTIFF
GRANT C. JAQUITH U.S. Attorney for the Northern District of
New York, DAVID B. MYERS, ESQ. Special Assistant U.S.
Attorney FOR DEFENDANT
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 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.
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
Plaintiff's motion for judgment on the pleadings is
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.
matter is hereby REMANDED to the Acting Commissioner, without
a directed finding of disability, for further proceedings
consistent with this determination.
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.
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).
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.
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
does not have a driver's license. He counts on his mother
or public ...