Marian W. Payson

United States District Court for the Western District of New York Retired 2025 · served 2003–2025 15 signed orders read

Judge Payson no longer hears cases. This profile is preserved as a historical record of how they ruled.

How Judge Payson decides

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

What persuades

In Social Security appeals, when the record already establishes disability and leaves nothing for the agency to reconsider on remand, Payson would order a remand solely for calculation and payment of benefits rather than send the case back for another round of administrative fact-finding -- a materially faster and more favorable outcome for the claimant than an ordinary sentence-four remand.

“The Commissioner's motion for judgment on the pleadings (12) is denied, and Hodgkin's motion for judgment on the pleadings (8) is granted. This matter is remanded to the Commissioner for calculation and payment of benefits.”

Payson's Social Security decisions consistently ask only whether the Commissioner's denial is supported by substantial evidence and free of legal error -- not whether she would have weighed the evidence differently -- and she affirms whenever that deferential standard is met.

“This Court finds that the Commissioner's denial of DIB/SSI was based on substantial evidence and was not erroneous as a matter of law. Accordingly, the ALJ's decision is affirmed.”

Signed rulings

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

Borumand v. Assar
6:01-cv-06258 · 2005-03-31
Bench trial verdict (plaintiff) Denied

“Plaintiff has not proved a cause of action for conversion, fraud or breach of fiduciary duty, and judgment is entered in favor of defendant on all claims.”

Allen v. Ashcroft
6:02-cv-06283 · 2005-06-20
Habeas petition (plaintiff) Denied

“DECISION & ORDER re (1) Petition for Writ of Habeas Corpus is denied.”

Cook v. Commissioner of Social Security
1:18-cv-00726 · 2020-03-09
Social security appeal (plaintiff) Denied

“The Commissioner's motion for judgment on the pleadings (18) is granted. Cook's motion for judgment on the pleadings (10) is denied, and Cook's complaint (1) is dismissed with prejudice.”

Hodgkin v. Commissioner of Social Security
1:18-cv-00703 · 2020-03-26
Social security appeal (plaintiff) Granted

“The Commissioner's motion for judgment on the pleadings (12) is denied, and Hodgkin's motion for judgment on the pleadings (8) is granted. This matter is remanded to the Commissioner for calculation and payment of benefits.”

Heim v. Commissioner of Social Security
1:18-cv-00714 · 2020-03-27
Social security appeal (plaintiff) Granted

“The Commissioner's motion for judgment on the pleadings (13) is denied, and Heim's motion for judgment on the pleadings (10) is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four, for further administrative proceedings consistent with this decision.”

Heim v. Commissioner of Social Security
1:18-cv-00714 · 2024-12-20
Motion for attorney fees (plaintiff) Granted

“ORDER granting (18) Motion for Attorney Fees. The court awards Hiller attorneys' fees in the amount of $8,909.44 payable directly to Hiller, unless the government declines to waive application of the Anti-Assignment Act, in which case the award shall be payable to plaintiff, but delivered to plaintiff's counsel.”

Ridley v. Commissioner of Social Security
6:21-cv-06145 · 2023-08-11
Social security appeal (plaintiff) Granted

“The Commissioner's motion for judgment on the pleadings (10) is denied, and plaintiff's motion for judgment on the pleadings (8) is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four, for further administrative proceedings consistent with this decision.”

Fluent v. Commissioner of Social Security
1:21-cv-00529 · 2023-09-21
Social security appeal (plaintiff) Denied

“This Court finds that the Commissioner's denial of DIB was based upon substantial evidence and was not erroneous as a matter of law. Accordingly, the ALJ's decision is affirmed. The Commissioner's motion for judgment on the pleadings (11) is granted. Plaintiff's motion for judgment on the pleadings (10) is denied, and plaintiff's complaint (1) is dismissed with prejudice.”

Bileschi v. Commissioner of Social Security
6:22-cv-06125 · 2024-09-18
Social security appeal (plaintiff) Granted

“The Commissioner's motion for judgment on the pleadings (9) is denied, and plaintiff's motion for judgment on the pleadings (8) is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four, for further administrative proceedings consistent with this decision.”

Smith v. Commissioner of Social Security
1:22-cv-00227 · 2024-08-28
Social security appeal (plaintiff) Denied

“This Court finds that the Commissioner's denial of SSI/DIB was based on substantial evidence and was not erroneous as a matter of law. Accordingly, the ALJ's decision is affirmed. The Commissioner's motion for judgment on the pleadings (9) is granted. Plaintiff's motion for judgment on the pleadings (8) is denied, and plaintiff's complaint (1) is dismissed with prejudice.”

Smith v. Commissioner of Social Security
1:21-cv-01264 · 2024-03-21
Social security appeal (plaintiff) Granted

“The Commissioner's motion for judgment on the pleadings (8) is denied, and plaintiff's motion for judgment on the pleadings (7) is granted to the extent that the Commissioner's decision is reversed, and this case is remanded to the Commissioner pursuant to 42 U.S.C. § 405(g), sentence four, for further administrative proceedings consistent with this decision.”

Carpenter v. Commissioner of Social Security
1:21-cv-01131 · 2024-03-22
Social security appeal (plaintiff) Denied

“This Court finds that the Commissioner's denial of DIB/SSI was based on substantial evidence and was not erroneous as a matter of law. Accordingly, the ALJ's decision is affirmed. The Commissioner's motion for judgment on the pleadings (7) is granted. Plaintiff's motion for judgment on the pleadings (6) is denied, and plaintiff's complaint (1) is dismissed with prejudice.”

Caseload & timing

From public federal docket records for this judge.

Payson's enumerated docket includes a sustained run of consent-track Social Security disability appeals spanning her entire tenure (2018 through 2024), alongside a large early-tenure civil-rights and habeas caseload inherited from a predecessor magistrate, insurance and contract disputes she managed through pretrial matters and, on party consent, decided outright, and the routine criminal-complaint, search-warrant, and seizure-warrant matters that make up a substantial share of a magistrate judge's duty rotation.

A historical record

Judge Payson no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.