CONSENT ORDER TO REMAND PURSUANT TO SENTENCE 4 OF 42 U.S.C. 405(g) DAVID E. PEEBLES, Magistrate Judge. This matter having been opened to the Court by RICHARD S. HARTUNIAN, United States Attorney for the Northern District of New York, and Sandra M. Grossfeld, Special Assistant United States Attorney, attorneys for Defendant, for an Order remanding the within cause of action to the Defendant pursuant to the fourth sentence of 42 U.S.C. 405(g), and Plaintiff, through the undersigned attorney,...
CONSENT ORDER AWARDING ATTORNEY'S FEES UNDER THE EQUAL ACCESS TO JUSTICE ACT ("EAJA"), 28 U.S.C. 2412(d) DAVID E. PEEBLES, Magistrate Judge. IT IS HEREBY STIPULATED AND AGREED by the undersigned attorneys for the parties in the above-titled action that plaintiff be awarded attorney fees under the Equal Access to Justice Act ("EAJA") (28 U.S.C. 2412) in the amount of six thousand four hundred thirty-one dollars and sixty cents ($6,431.60). Such award is made in full satisfaction of...
DECISION and ORDER LAWRENCE E. KAHN , District Judge . I. INTRODUCTION This matter comes before the Court following a Report-Recommendation filed on November 5, 2012 by the Honorable Victor E. Bianchini, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b) and Local Rule 72.3(d) of the Northern District of New York. Dkt. No. 18 ("Report-Recommendation"). After fourteen days from the service thereof, the Clerk has sent the entire file to the undersigned, including the Objections...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Santos Llorens-Feliciano challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) and seeks judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Llorens-Feliciano's arguments, the court affirms the Commissioner's...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Mary Derda challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and seeks judicial review under 42 U.S.C. 405(g). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Derda's arguments, the court affirms the Commissioner's decision and dismisses the Complaint. II. Background On June 26, 2010, Derda...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Karen K. Brown challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and seeks judicial review under 42 U.S.C. 405(g). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Brown's arguments, the Commissioner's decision is reversed and remanded for further administrative proceedings. II. Background On...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Betty Ann Mills challenges the Commissioner of Social Security's denial of her claim for Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Mills' arguments, the Commissioner's decision is reversed and remanded....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Robert Waldau challenges the Commissioner of Social Security's denial of Supplemental Security Income ("SSI"), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Waldau's arguments, the court affirms the Commissioner's decision and dismisses the Complaint. II. Background On April...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Frederick J. Neroni commenced this action against defendants Carl F. Becker, "in his individual capacity and in his official capacity as Delaware County Surrogate's Court Justice and as Acting Supreme Court Justice, Delaware County," and the State of New York, alleging judicial bias and unconstitutional application of state laws in an underlying and ongoing state action. (Compl., Dkt. No.1 4;...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Harold VanDyke challenges the Commissioner of Social Security's denial of Supplemental Security Income (SSI) and seeks judicial review under 42 U.S.C. 405(g). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering VanDyke's arguments, the court affirms the Commissioner's decision and dismisses the Complaint. II. Background On January 9, 2009,...
DECISION and ORDER THOMAS J. McAVOY, Senior District Judge. Plaintiff Christopher Miller commenced the instant action asserting that he was discriminated against in connection with his employment on account of his race and gender and that he was retaliated against for engaging in protected activity. Miller asserted claims pursuant to Title VII of the Civil Rights Act of 1964, as amended; 42 U.S.C. 1981 and 1983; the New York State Human Rights Law ("HRL"); and the New York State...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Karen DeGroff challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB) and Supplemental Security Income (SSI) and seeks judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering DeGroff's arguments, the court affirms the Commissioner's decision and dismisses the...
DECISION & ORDER THOMAS J. McAVOY, Senior District Judge. I. INTRODUCTION Plaintiff Michael P. Andrews commenced this action alleging that Defendants: [1] failed to pay wages and overtime compensation in violation of the Fair Labor Standards Act ("FLSA"), 29 U.S.C. 201 et seq., and the New York Labor Law ("NYLL"), N.Y. Labor Law, Art. 19, 650 et seq.; [2] retaliated against him in violation of the FLSA, 29 U.S.C. 215(a), and the NYLL, N.Y. Labor Law 215(2); [3] discriminated against...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Sabria F. Washington, also known as Sabrina F. Washington, challenges the Commissioner of Social Security's denial of her claim for Supplemental Security Income (SSI), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Washington's arguments, the court affirms the Commissioner's...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief Judge. I. Introduction Plaintiff Sarah DeBoer challenges the Commissioner of Social Security's denial of Disability Insurance Benefits (DIB), seeking judicial review under 42 U.S.C. 405(g). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering DeBoer's arguments, the court affirms the Commissioner's decision and dismisses the Complaint. II. Background On July 27, 2009, DeBoer filed an...
DECISION and ORDER WILLIAM G. YOUNG, District Judge. 1 I. INTRODUCTION Edicer Perez ("Perez") brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (the "Commissioner"). Perez challenges the decision of the Administrative Law Judge (the "hearing officer") denying him Social Security Disability Insurance ("SSDI") benefits and Supplemental Security Income ("SSI")...
DECISION AND ORDER VICTOR E. BIANCHINI , United States Magistrate Judge . I. INTRODUCTION In January of 2010, Plaintiff Rashanonda Perkins filed an application for Supplemental Security Income ("SSI") benefits under the Social Security Act on behalf of her son, J.P. ("Claimant"), 1 alleging disability due to language delays and a learning disorder. The Commissioner of Social Security denied the application. Plaintiff, through her attorneys, Olinsky Law Group, Howard D. Olinsky, Esq. and...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff Thomas Sheffield challenges the Commissioner of Social Security's determination that he was no longer entitled to Supplemental Security Income (SSI), 1 seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1.) After reviewing the administrative record and carefully considering Sheffield's arguments, the Commissioner's decision is reversed and remanded. II....
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff James M. Small challenges the Commissioner of Social Security's denial of disability insurance benefits (DIB) and supplemental security income (SSI), seeking judicial review under 42 U.S.C. 405(g) and 1383(c)(3). ( See Compl., Dkt. No. 1 at 1.) After reviewing the administrative record and carefully considering Small's arguments, the Commissioner's decision is affirmed and Small's Complaint...
MEMORANDUM-DECISION AND ORDER GARY L. SHARPE, Chief District Judge. I. Introduction Plaintiff pro se Monique A. Marshall commenced this action against defendant New York State Office of Temporary and Disability Assistance (OTDA), alleging violations of Title VII 2 on the bases of race and national origin. ( See Am. Compl., Dkt. No. 19.) Pending is OTDA's motion to dismiss. ( See Dkt. Nos. 10, 20, 23.) For the reasons that follow, the motion is denied. II. Background 3...
