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Molitor v. Secretary

UNITED STATES COURT OF APPEALS FOR THE THIRD CIRCUIT


July 17, 1991

EDWARD MOLITOR, APPELLANT
v.
SECRETARY, HEALTH & HUMAN SERVICES

(Civil Action No. 90-00117 - W.D.Pa.); District Judge: Honorable Gustave Diamond.

Sloviter, Chief Judge, Greenberg and Seitz, Circuit Judges.

JUDGMENT ORDER

Plaintiff appeals the order of the district court granting the Secretary's motion for summary judgment on the basis of the Secretary's decision denying disability insurance benefits and supplemental security income. Plaintiff makes two contentions:

(1) Plaintiff has conclusively proven that his psychiatric condition meets the requirements of the Medical Listings; thus, the Secretary's decision is not supported by substantial evidence and plaintiff is entitled to a reversal as a matter of law; and

(2) The ALJ's decision, insofar as it is based upon the vocational expert's responses to certain hypothetical questions, is not supported by substantial evidence since the ALJ did not accurately portray appellant's individual impairments and limitations. Thus the Secretary's decision should be reversed.

The thorough Report and Recommendation of the Magistrate, dated December 26, 1990, that was adopted by the district court, is clearly supported by the administrative record and negates plaintiff's attacks on the Secretary's decision.

ADJUDGED AND ORDERED that the judgment of the district court be and is hereby affirmed.

Costs taxed against appellant.

19910717

© 1998 VersusLaw Inc.



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