STILLWAGON v. ASTRUE

Filing 17

ORDER denying 11 Plaintiff's Motion for Summary Judgment; granting 13 Defendant's Motion for Summary Judgment. Signed by Judge Alan N. Bloch on 3/19/2013. (kmw)

IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF PENNSYLVANIA

RICHARD OWEN STILLWAGON,

Plaintiff,
vs.

Civil Action No. 12-1460

MICHAEL J. AS TRUE ,
COMMISSIONER OF SOCIAL SECURITY,
Defendant.

o

R D E R

AND NOW, this 19th day of March, 2013, upon consideration
of the parties' cross-motions for summary judgment, the Court, upon
review of the Commissioner of Social Security's final decision, denying
plaintiff's claim for disability insurance benefits under Subchapter
II of the Social Security Act, 42 U.S.C. §401, et seq., and denying
plaintiff's claim for supplemental security income benefits under
Subchapter XVI of the Social Security Act, 42 U.S.C. §1381, et seq.,
finds that the Commissioner's findings are supported by substantial
evidence and, accordingly, affirms.
v. Secretary of U.S.

Departl11~~nt

See 42 U.S.C. §405{g); Jesurum

of Health & Human Services, 48 F.3d

114, 117 (3d Cir. 1995); Williams v. Sullivan, 970 F.2d 1178, 1182
(3d Cir. 1992), cert. denied sub nom., 507 U.S. 924 (1993)
Bowen, 845 F. 2d 1211, 1213 (3d Cir. 1988).

1

i

Brown v.

See also Berry v. Sullivan,

738 F. Supp. 942, 944

(W.D. Pa. 1990)

(if supported by substantial

evidence, the Commissioner's decision must be affirmed, as a federal
court may neither reweigh the evidence, nor reverse, merely because
it would have decided the claim differently) (citing Cotter v. Harris,
642 F.2d 700, 705

(3d Cir. 1981)).

Therefore, IT IS HEREBY ORDERED that plaintiff's Motion for
Summary Judgment (document No. 11) is DENIED and defendant's Motion
for Summary Judgment (document No. 13) is GRANTED.

s/Alan N. Bloch
United States District Judge
ecf:

Counsel of record

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