Relf v. Comm'r of Soc. Sec.

Full title: DAVID LEE RELF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

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

Date published: Oct 15, 2021

5:20-cv-988 (DEP) (N.D.N.Y. Oct. 15, 2021)

Opinion

5:20-cv-988 (DEP)

10-15-2021

DAVID LEE RELF, Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant.

JUDGMENT IN A CIVIL CASE

Decision by Court.

This action came to trial or hearing before the Court. The issues have been tried or heard and a decision has been rendered.

IT IS ORDERED AND ADJUDGED that the Court finds error exists, with consent from Defendant, and directs that the matter be remanded to the Commissioner of Social Security for further proceedings. The Court declines, however, to direct a finding of disability, concluding that the record does not contain persuasive evidence of disability warranting such a directed finding. Plaintiff's application for an order directing reassignment of the case is DENIED and instead it is left to the discretion of the Commissioner to determine whether a new ALJ should be assigned to hear the matter.

All of the above pursuant to the Text Order of the Honorable David E. Peebles, dated this 14^th day of October, 2021. 1