MILLER v. COLVIN

Filing 20

MEMORANDUM ORDER denying Plaintiff's 12 Motion for Judgment on the Pleadings; granting defendant's 14 Motion for Summary Judgment; and adopting 17 Report and Recommendation of Magistrate Judge Kelly as the opinion of the Court. The decision of the Commissioner denying plaintiff's application for DIB is affirmed. Signed by Judge David S. Cercone on 8/22/14. (njt)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF PENNSYLVANIA

MELANIE LYNN MILLER,
Plaintiff,

)
)
)

vs.

2:13cv1383
Electronic Filing

)
)
)

CAROLYN W. COLVIN, Commissioner
ofSocial Security,
Defendant.

Judge David Stewart Cercone/
Magistrate Judge Maureen P. Kelly

)
)
)

Re: ECF Nos. 12, 14

MEMORANDUM ORDER

~
2 '1 day of August, 2014, after Plaintiff, Melanie Lynn Miller, filed an
AND NOW, this
action seeking review of the final decision of the Commissioner of Social Security disallowing
her claim for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C.
§§ 401-433, and after cross-motions for summary judgment were submitted by the parties, and
after a Report and Recommendation was filed by the United States Magistrate Judge giving the
parties until August 18, 2014, to file written objections thereto, and upon consideration of the
objections filed by Plaintiff, and upon independent review of the record and consideration ofthe
Magistrate Judge's Report and Recommendation, which is adopted as the opinion ofthis Court,
IT IS HEREBY ORDERED that the Motion for Summary Judgment filed by Plaintiff,
ECF No. 12, is DENIED, the Motion for Summary Judgment filed by Defendant, ECF No. 14, is
GRANTED, and the decision of the Commissioner denying Plaintiffs application for DIB is
AFFIRMED.

IT IS FURTHER ORDERED that, pursuant to Rule 4(a)(l) ofthe Federal Rules of
Appellate Procedure, if any party wishes to appeal from this Order a notice of appeal, as
provided in Fed. R. App. P. 3, must be filed with the Clerk of Court, United States District Court,
at 700 Grant Street, Room 3110, Pittsburgh, PA 15219, within thirty (30) days.

David Stewart Cercone
United States District Judge

cc:

Honorable Maureen P. Kelly
United States Magistrate Judge
Jaya A. Shurtliff, Esquire
Kenneth R. Hiller, Esquire
Paul Kovac, Esquire

(Via CMIECF Electronic Mail)

2