Maldonado v. Commissioner of Social Secuirty

Justia Dockets & Filings Second Circuit New York Southern District Maldonado v. Commissioner of Social Secuirty

Maldonado v. Commissioner of Social Secuirty

Plaintiff:	Maritza Maldonado
Defendant:	Commissioner of Social Security
Case Number:	1:2016cv00165
Filed:	January 6, 2016
Court:	US District Court for the Southern District of New York
Office:	Foley Square Office
County:	Bronx
Presiding Judge:	James L. Cott
Nature of Suit:	Disability Insurance
Cause of Action:	42 U.S.C. § 405
Jury Demanded By:	None

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Date Filed	Document Text
March 10, 2017	Filing 29 OPINION AND ORDER re: 24 MOTION for Judgment on the Pleadings . filed by Commissioner of Social Security, 20 MOTION for Judgment on the Pleadings . filed by Maritza Maldonado. Although the Court recognizes that Maldona do suffers from many serious ailments, it is not for the Court to reject the ALJ's decision as long as it is supported by substantial evidence. Indeed, the Commissioner's decision must be upheld if it is supported by substantial evidence, "even if substantial evidence also supports the contrary result." Ventura v. Barnhart, No. 04-CV-9018 (NRB), 2006 WL 399458, at *3 (S.D.N.Y. Feb. 21, 2006); see also Alston v. Sullivan, 904 F.2d 122, 126 (2d Cir. 1990) ("Where there is substantial evidence to support either position, the determination is one to be made by the factfinder."). Here, the ALJ developed a significant record by presiding over three hearings, requesting subpoenas for updated medical records, and o rdering additional consultative examinations. He wrote an extensive, detailed decision and properly applied the regulations to reach his final determination. Although Maldonado's impairments may be severe, the Court may not substitute its own j udgment for that of the Commissioner, and finds no basis on the record presented to disturb the ALJ's conclusion that she is not disabled. Accordingly, Maldonado's motion for judgment on the pleadings is denied and the Commissioner's cross-motion is granted. The Clerk of the Court is directed to close docket entries 20 and 24, and to enter judgment for the Commissioner. (Signed by Magistrate Judge James L. Cott on 3/10/2017) (kgo)

Date Filed

Document Text

March 10, 2017

Filing 29 OPINION AND ORDER re: 24 MOTION for Judgment on the Pleadings . filed by Commissioner of Social Security, 20 MOTION for Judgment on the Pleadings . filed by Maritza Maldonado. Although the Court recognizes that Maldona do suffers from many serious ailments, it is not for the Court to reject the ALJ's decision as long as it is supported by substantial evidence. Indeed, the Commissioner's decision must be upheld if it is supported by substantial evidence, "even if substantial evidence also supports the contrary result." Ventura v. Barnhart, No. 04-CV-9018 (NRB), 2006 WL 399458, at *3 (S.D.N.Y. Feb. 21, 2006); see also Alston v. Sullivan, 904 F.2d 122, 126 (2d Cir. 1990) ("Where there is substantial evidence to support either position, the determination is one to be made by the factfinder."). Here, the ALJ developed a significant record by presiding over three hearings, requesting subpoenas for updated medical records, and o rdering additional consultative examinations. He wrote an extensive, detailed decision and properly applied the regulations to reach his final determination. Although Maldonado's impairments may be severe, the Court may not substitute its own j udgment for that of the Commissioner, and finds no basis on the record presented to disturb the ALJ's conclusion that she is not disabled. Accordingly, Maldonado's motion for judgment on the pleadings is denied and the Commissioner's cross-motion is granted. The Clerk of the Court is directed to close docket entries 20 and 24, and to enter judgment for the Commissioner. (Signed by Magistrate Judge James L. Cott on 3/10/2017) (kgo)

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Plaintiff: Maritza Maldonado
Represented By:	Josephine Gottesman
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Defendant: Commissioner of Social Security
Represented By:	Kristina Danielle Cohn
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