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Jennifer L. L v. Commissioner of Social Security

United States District Court, N.D. New York

January 10, 2020

JENNIFER L. L, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          FOR PLAINTIFF DOLSON LAW OFFICE STEVEN R. DOLSON, ESQ.

          FOR DEFENDANT HON. GRANT C. JAQUITH PRASHANT TAMASKAR, ESQ. Special Assistant U.S. Attorney

          ORDER

          DAVID E. PEEBLES 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 Commissioner of Social Security, pursuant to 42 U.S.C. § 405(g) are cross-motions for judgment on the pleadings.[1] Oral argument was heard in connection with those motions on January 9, 2020, 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 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 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 PROCEEDINGS BEFORE THE HONORABLE DAVID E. PEEBLES

         (In chambers. Counsel present by telephone. Time noted: 11:26 a.m.)

         THE COURT: I have before me a request for judicial review of an adverse determination by the Commissioner of Social Security pursuant to 42, United States Code, Section 405(g).

         The background is as follows and is fairly straightforward: Plaintiff was born in May of 1979 and is currently 40 years old. She was 36 years of age at the time of the onset of her alleged disability on October 9, 2015. She stands 5'7" in height and weighs 205 pounds. Plaintiff is right-handed. She graduated from high school and attended college for one-and-one-half years. Plaintiff lives in a house in Cortland with her husband and two children. They were, in 2017, 8 and 11 years old. She also has one dog and two cats.

         Plaintiff's past work really consisted only of one position, which she held from November 1997 to October 2015 working in a Tops Supermarket as the floral department manager. She stopped working on October 9, 2015, when she experienced leg and feet problems and found difficulty in walking and standing on the concrete floor of the facility. She returned briefly to work in ...


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