Judith C. McCarthy

U.S. District Court for the Southern District of New York magistrate Appointed by Judges of the U.S. District Court for the Southern District of New York 4 signed orders read

How Judge McCarthy decides

Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.

What persuades

In one Social Security appeal, McCarthy remanded because the administrative law judge had not made sufficient efforts to obtain functional opinions from treating physicians before relying on consultative examiners.

“The Court remands the case because similar efforts should have been made with Plaintiff's other treating physicians before the ALJ assigned significant weight to the opinions of Plaintiff's consultative examiners.”

In an FLSA settlement review, she approved an agreement after finding that it resulted from arm's-length negotiations and fairly resolved the contested issues.

“I find that the Agreement is a fair and reasonable resolution of the case.”

Procedural preferences

Her Social Security analysis treated development of the administrative record as a threshold issue that had to be resolved before substantial-evidence review.

“where the ALJ has failed to develop the record, a reviewing court need not—indeed, cannot—reach the question of whether the Commissioner's denial of benefits was based on substantial evidence.”

Cautions

In a premises-liability case, speculation about a spill's age did not establish constructive notice without evidence showing how long the substance had been on the floor.

“Plaintiff offers no evidence regarding how long the solution had been on the floor prior to the Accident.”

In another Social Security appeal, she upheld the agency decision where treatment notes and examinations supported the administrative law judge's assessment despite contrary evidence in the record.

“the findings of fact in a disability determination must be upheld if they are supported by substantial evidence, even if there is also substantial evidence for the claimant's position.”

Signed rulings

A grounded sample of orders signed by this judge, with the verbatim dispositive language.

Arellano v. Hershko
7:14-cv-08141 · 2016-04-15
Settlement approval (joint) Granted

“Accordingly, the Court approves the settlement and dismisses this action with prejudice.”

Gonzalez Gonzalez v. Commissioner of Social Security
7:17-cv-01976 · 2018-08-24
Judgment on the pleadings (claimant) Denied

“Plaintiff's motion for judgment on the pleadings is denied”

Judgment on the pleadings (Commissioner of Social Security) Granted

“the Commissioner's cross-motion for judgment on the pleadings is granted”

Hernandez v. Commissioner of Social Security
7:17-cv-05891 · 2018-12-19
Judgment on the pleadings (Commissioner of Social Security) Denied

“the Commissioner's motion for judgment on the pleadings is denied”

Motions to remand (claimant) Granted

“Plaintiff's motion is granted, and the case is remanded for further proceedings consistent with this opinion.”

Gisser v. Wal-Mart Stores East, LP
7:17-cv-05293 · 2018-12-07
Summary judgment (defendant) Granted

“For the foregoing reasons, Defendant's motion for summary judgment is granted.”

Caseload & timing

From public federal docket records for this judge.

The targeted sample includes four Social Security appeals, two wage-and-hour settlement matters, one premises-liability action, and one employment-settlement matter.

Put Judge McCarthy's record to work

Ezel drafts and answers grounded in this exact profile: how Judge McCarthy actually rules, not a generic AI guess.

Opens in Ezel Pro. Every answer is grounded in Judge McCarthy's own signed orders and cites them.