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United States Court of Appeals, Second Circuit.

James RUSHFORTH, Plaintiff-Appellant, v. Nancy A. BERRYHILL, Commissioner of Social Security, Defendant-Appellee.

No. 18-2688-cv

Decided: July 02, 2019

PRESENT: DENNIS JACOBS, RAYMOND J. LOHIER, JR., SUSAN L. CARNEY, Circuit Judges. FOR APPELLANT: Mark Schneider, Schneider & Palcsik, Plattsburgh, NY. FOR APPELLEE: Kathryn Pollack, Special Assistant United States Attorney, New York, NY (Ellen E. Sovern, Acting Regional Chief Counsel—Region II, Office of the General Counsel, Social Security Administration, New York, NY, on the brief), for Grant C. Jaquith, United States Attorney for the Northern District of New York, Syracuse, NY.


James Rushforth appeals from a judgment of the District Court (Hummel, M.J.) that affirmed a decision of the Commissioner of Social Security denying Rushforth’s request for disability benefits and that granted the Commissioner’s motion for judgment on the pleadings. We assume the parties’ familiarity with the underlying facts and the record of prior proceedings, to which we refer only as necessary to explain our decision to affirm.

On appeal, Rushforth argues that the District Court incorrectly applied the “substantial evidence” standard of review, that the Administrative Law Judge (ALJ) violated the treating physician rule, that the ALJ improperly found Rushforth only partially credible, and that the AJL’s decision was otherwise not supported by substantial evidence.

We affirm substantially for the reasons stated by the District Court in its Memorandum-Decision and Order of September 10, 2018.

We have considered all the arguments raised by Rushforth on appeal and conclude that they are without merit. For the foregoing reasons, the judgment of the District Court is AFFIRMED.

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Docket No: No. 18-2688-cv

Decided: July 02, 2019

Court: United States Court of Appeals, Second Circuit.

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