Opinion
5:20-CV-358 (CFH)
08-23-2021
MADELINE C., Plaintiff, v. ANDREW M. SAUL, Commissioner of Social Security, Defendant.
Law Offices of Kenneth Hiller, PLLC Attorneys for plaintiff KENNETH R. HILLER, ESQ. Social Security Administration Office of the General Counsel, Attorney for defendant AMELIA STEWART, ESQ. Special Assistant U.S. Attorney
Law Offices of Kenneth Hiller, PLLC
Attorneys for plaintiff
KENNETH R. HILLER, ESQ.
Social Security Administration
Office of the General Counsel,
Attorney for defendant
AMELIA STEWART, ESQ.
Special Assistant U.S. Attorney
Parties consented to direct review of this matter by a Magistrate Judge pursuant to 28 U.S.C. § 636(c), Fed.R.Civ.P. 73, N.D.N.Y. Local Rule 72.2(b), and General Order 18. See Dkt. No. 5.
CHRISTIAN F. HUMMEL 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. Oral argument was conducted in connection with these motions on the record on August 18, 2021, at which a court reported was present. At the close of argument, I issued a bench decision in which, after applying the requisite deferential review standard, I found that the administrative law judge's decision resulted from the application of proper legal principles and was supported by substantial evidence. I also provided detail regarding my reasoning and addressed the specific issues raised by Plaintiff in her appeal.
This matter, which is before me on consent of the parties, pursuant to 28 U.S.C. § 636(c), has been treated in accordance with the procedures set forth in General Order No. 18. Under that General Order, once issue has been joined, an action such as this is considered procedurally as if cross-motions for judgment on the pleadings had been filed pursuant to Rule 12(c) of the Federal Rules of Civil Procedure.
After due deliberation, and based upon the Court's oral bench decision, the transcript of which is attached to this Order and is incorporated herein by reference (Dkt. No. 19), it is hereby
ORDERED that:
1. Defendant's motion for judgment on the pleadings (Dkt. No. 16) is GRANTED;
2. The Commissioner's determination that Plaintiff was not disabled at the relevant times, and therefore, not entitled to benefits under the Social Security Act, is AFFIRMED;
3. Plaintiff's motion for judgment on the pleadings (Dkt. No. 11), is DENIED; and
4. The Clerk is directed to enter judgment dismissing Plaintiff's Complaint (Dkt. No. 1) in its entirety.
IT IS SO ORDERED.