Pardee v. Commissioner of Social Security

Filing 19

ORDER: that Plaintiff's motion for judgment on pleadings is Granted; that 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 Vacated; that the matter is hereby Remanded to the Commissioner, without a directed finding of disability, for further proceedings consistent with this determination, and that the clerk is respectfully directed to enter judgment, based upon this determination, remanding the matter to the Commissioner pursuant to sentence four of the 42 U.S.C. 405(g) and closing this case.Signed by Magistrate Judge David E. Peebles on 09/14/2015. (hmr)

IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF NEW YORK

RICHARD ALAN PARDEE,
Plaintiff,
v.

Civil Action No.
5:14-CV-812 (DEP)

COMMISSIONER OF SOCIAL SECURITY,
Defendant.

APPEARANCES:

OF COUNSEL:

FOR PLAINTIFF
LEGAL SERVICES OF CENTRAL NY
472 South Salina Street
Suite 300
Syracuse, New York 13202

CHRISTOPHER CADIN, ESQ.

FOR DEFENDANT
HON. RICHARD S. HARTUNIAN
United States Attorney for the
Northern District of New York
P.O. Box 7198
100 S. Clinton Street
Syracuse, NY 13261-7198

BENIL ABRAHAM, ESQ.
Special Assistant U.S. Attorney

DAVID E. PEEBLES
U.S. MAGISTRATE JUDGE
ORDER
Currently pending before the court 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. 1 Oral argument was conducted in connection
with those motions on September 9, 2015, 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 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.
After 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
ORDERED, as follows:
1)

Plaintiff=s motion for judgment on the pleadings is GRANTED.

1

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 (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.

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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 VACATED.
3)

The matter is hereby REMANDED to the Commissioner, without

a directed finding of disability, for further proceedings consistent with this
determination.
4)

The clerk is respectfully directed to enter judgment, based upon

this determination, remanding the matter to the Commissioner pursuant to
sentence four of 42 U.S.C. ' 405(g) and closing this case.

Dated:

September 14, 2015
Syracuse, NY

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