Case law

United States of America v. Holcim (US) Inc.

District Court, N.D. New York · Aug 30, 2021

The comment also suggests the EBP doesn’t address the pollution that is the subject of the proposed consent decree, isn’t clearly more beneficial than other potential projects, and is unnecessary because there may already … Likewise, health inspectors in New York State do not pre-announce their health inspections of food service establishments.

Harvey v. Saul

District Court, N.D. New York · Sep 28, 2021

No. 10 at 20), the ALJ was clearly aware of his obligations to evaluate Plaintiff’s subjective complaints, and the Court finds no error that would require remand. … It is well-established that a consultative examiner’s opinion may constitute substantial evidence if otherwise supported by the record. Grega v. Saul, 816 F. App’x 580, 582-83 (2d.

Wisner v. O'Malley

District Court, N.D. New York · Mar 12, 2024

The plaintiff bears the initial burden of proof to establish each of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) (citing Berry, 675 F.2d at 467). … The Commissioner asserts that the ALJ did not err, as she “clearly rejected [Ms.] Van Pelt’s opinion” and did so “after examining both supportability and consistency.” Dkt. No. 11 at 19-20.

Crowell v. Commissioner of Social Security

District Court, N.D. New York · Feb 23, 2022

The ALJ must “clearly demonstrate[] [that] he considered the entire case record... as m| required by SSR 16-3p.” Id. … However, a diagnosis does not establish that an impairment is severe or that subjective allegations are consistent with the objective evidence.

Moore v. Commissioner of Social Security

District Court, N.D. New York · Feb 16, 2024

The plaintiff has the burden of proof to establish a disability at the first four steps. Selian, 708 F.3d at 418. … However, this standard is a very deferential standard of review “even more so than the ‘clearly erroneous standard.’” Brault, 683 F.3d at 448.

Rockwood v. Astrue

614 F. Supp. 2d 252 · District Court, N.D. New York · Apr 30, 2009

If a claimant’s impairment “manifests only some of those criteria, no matter how severely,” such impairment does not qualify. Sullivan v. … Other district courts have demanded an ALJ clearly indicate he considered obesity when assessing a Plaintiffs limitations. See, e.g., Hogan v.

Jones v. Commissioner of Social Security

District Court, N.D. New York · Sep 6, 2023

The claimant has the burden of proof at steps one through four, which includes establishing her residual functional capacity (“RFC”). Poupore v. … THE ALJ’s DECISION The ALJ engaged in the five-step analysis required by 20 C.F.R. § 416.920(a) to determine whether Plaintiff qualified for disability benefits.

Brandon v. Kijakazi

District Court, N.D. New York · Sep 3, 2021

The plaintiff bears the initial burden of proof to establish each of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) (citing Berry, 675 F.2d at 467). … Mills’ assessment of working sixteen to twenty-four hours per week was “not clearly explained in terms of functional limitations and inconsistent with the finding of mild orthopedic impairment supported by the complete

Gilmore v. Saratoga Center for Care LLC

District Court, N.D. New York · Jan 8, 2025

Nevertheless, “dismissal of a pro se complaint is appropriate where a plaintiff has clearly failed to meet the minimum pleading requirements.” Rahman v. … Plaintiff’s claim survives the motion for judgment on the pleadings if she alleges “(1) that she is a member of a protected class; (2) that she was qualified for employment in the position; (3) that she suffered an adverse

Smith v. Hochul

District Court, N.D. New York · Mar 22, 2023

And the Dobbs majority, in dicta, clearly noted that its “opinion is not based on any view about if and when prenatal life is entitled to any of the rights enjoyed after birth.” Id. at 2261. … Nowhere in Dobbs does the majority hold—or even suggest in dicta—that prenatal life qualifies as “persons” under the Fourteenth Amendment. See Dobbs, 142 S. Ct. 2228.

Bartron v. Kijakazi

District Court, N.D. New York · Sep 21, 2021

Aaron Huizenga, D.O., to establish a primary care physician, and was “in need of referral to mental health [sic].” (R. 475). … Bruni further found that the “[e]vidence does not establish the presence of the “C Criteria” of the Listings. (Id.).

ARES BARRETO v. N. RIZZO, Correctional Officer (R.C.C.F.)

District Court, N.D. New York · Apr 27, 2026

immunity; and (5) in the alternative, Plaintiff is not entitled to punitive damages. … And clearly, Mr.

Merrill v. Copeland

District Court, N.D. New York · Aug 9, 2022

“Giving information to the police that is known to be false qualifies as the commencement of a prosecution.” Rivers v. Towers, Perrin, Forster & Crosby Inc., No. 07-cv-5441, 2009 WL 817852, at *3, 2009 U.S. Dist. … Dec. 1, 2021) (noting that “a victim’s complaint alone is often enough to establish probable cause” to arrest).

Brockington v. Commissioner of Social Security

District Court, N.D. New York · May 10, 2022

The plaintiff bears the initial burden of proof to establish each I of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) (citing Berry, 675 F.2d at 467). … The ALJ must “clearly demonstrate[] [that] he considered the entire case record .. . as required by SSR 16-3p.” Id.

Harley Marine NY, Inc. v. Moore

District Court, N.D. New York · Feb 9, 2024

Plaintiff’s Misappropriation of Trade Secrets Claims Against Both Defendants The DTSA establishes a civil cause of action for the “owner of a trade secret that is misappropriated.” 18 U.S.C. § 1836(b)(1). … Harley has clearly alleged the requisite conduct in question, namely “[t]he purposeful or knowing, and unauthorized accessing or attempt to access any computer, computer system, or computer network[.]” Id.

Parker v. Commissioner of Social Security

District Court, N.D. New York · Feb 19, 2021

The hypothetical questions should reflect the specific capacity/limitations established by the record as a whole. … Additionally, evidence of pain and weakness in her hands arguably emerges most clearly in 2015.

Butts v. Commissioner of Social Security

District Court, N.D. New York · May 16, 2022

The plaintiff bears the initial burden of proof to establish each of the first four steps. See DeChirico v. Callahan, 134 F.3d 1177, 1180 (2d Cir. 1998) (citing Berry, 675 F.2d at 467). … Nov. 20, 2018) (“[M]Jost but not all courts in this Circuit have found that claimants who are within six months of reaching an older age category qualify as a borderline age situation.”) (citing Hollinsworth v.

Tibbles v. Commissioner of Social Security

District Court, N.D. New York · Mar 23, 2022

Chin opined she could lift 9 At the hearing, plaintiff raised, for the first time, an argument that the ALJ should have considered whether plaintiff qualified for a closed period of disability between her various … It is well-established that an ALJ must take into account subjective complaints in making the five step disability analysis. 20 C.F.R. §§ 404.1529(a), (d), 416.929(a), (d).

Sierra Diaz v. Commissioner of Social Security

District Court, N.D. New York · Aug 19, 2024

Continuing Disability Review o To initially qualify as disabled under the Social Security Act, a child under the age of eighteen must have “a medically determinable physical or mental impairment, which results … Sept. 4, 2018); see Santiago, 2020 WL 6530884, at *8 (“Since the record establishes that the ALJ’s reasons for rejecting [the treating physician’s] opinions were erroneous, those erroneous reasons cannot constitute good

Rosario v. Saul

District Court, N.D. New York · May 13, 2020

Feb. 4, 2019) ("Clearly Plaintiff bears the burden of proving disability") (citing Kohler v. Astrue, 546 F.3d 260, 265 (2d Cir. 2008)); see also Bowen v. … The vocational expert testified, and the Dictionary of Occupational Titles ("DOT") confirms, that these occupations qualify as light work.