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Thurber v. Astrue

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


June 10, 2010

GORDON L. THURBER, PLAINTIFF
v.
MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY, DEFENDANT

The opinion of the court was delivered by: Hay, Chief Magistrate Judge

MEMORANDUM OPINION

Acting pursuant to 42 U.S.C. § 405(g), Gordon Thurber ("Thurber" or "the Claimant") appeals from a May 13, 2009 decision of the Commissioner denying his application for disability insurance and supplemental security income benefits. Cross Motions for Summary Judgment are pending. The Motion filed by Thurber (Doc. 8 ) will be denied, and the Motion filed by the Commissioner (Doc. 13) will be granted.

I. BACKGROUND

On March 17, 2003, Thurber protectively filed an application for disability insurance benefits and supplemental security income benefits, alleging that he became disabled on July 31, 1996 due to seizure and affective disorders.*fn1 This claim was denied initially in a decision dated September 23, 2003. Thurber then requested a hearing which took place in Grove City, Pennsylvania on October 16, 2006. The Claimant, who was represented by counsel, testified, as [Editor's Note: Text incomplete]


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