Poupore v. Astrue

Full title: PAUL POUPORE, Plaintiff, v. MICHAEL J. ASTRUE, Commissioner of Social…

Court: United States District Court, N.D. New York

Date published: Jan 25, 2008

Civil Action No. 8:05-CV-0498 (DEP) (N.D.N.Y. Jan. 25, 2008)

Opinion

Civil Action No. 8:05-CV-0498 (DEP).

January 25, 2008

FOR PLAINTIFF, MARK A. SCHNEIDER, ESQ., SCHNEIDER LAW OFFICE, Plattsburgh, NY.

FOR DEFENDANT, ARTHUR SWERDLOFF, ESQ. OFFICE OF GENERAL COUNSEL, Social Security Administration, New York, NY.

WILLIAM H. PEASE, ESQ., Assistant U.S. Attorney HON. GLENN T. SUDDABY, United States Attorney for the Northern District of New York, Syracuse, NY.

ORDER

DAVID PEEBLES, Magistrate Judge

Currently pending in this action, in which plaintiff seeks judicial review of an adverse administrative determination by the Commissioner, pursuant to 42 U.S.C. § 405(g), are cross-motions for judgment on the pleadings.² Oral argument was conducted in connection with those motions on January 23, 2008 during a telephone conference which was both digitally recorded, and of which a court reporter was also present. 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 his appeal.

2 This matter has been treated in accordance with the procedures set forth in General Order No. 18 (formerly, General Order No. 43) which was issued by the Hon. Ralph W. Smith, Jr., Chief United States Magistrate Judge, on January 28, 1998, and subsequently amended and reissued by Chief District Judge Frederick J. Scullin, Jr., on September 12, 2003. Under that General Order an action such as this is considered procedurally, once issue has been joined, 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, which 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 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 directed to enter judgment, based upon this determination, dismissing plaintiff's complaint in its entirety.