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Paskosky v. Colvin

United States District Court, W.D. Pennsylvania

March 11, 2014

RICHARD ANTHONY PASKOSKY, Plaintiff,
v.
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

ORDER

ARTHUR J. SCHWAB, District Judge.

AND NOW, this 11th day of March, 2014, IT IS HEREBY ORDERED that the Plaintiff's Motion for Summary Judgment ( ECF No. 10 ) is GRANTED IN PART AND DENIED IN PART, and that the Defendant's Motion for Summary Judgment ( ECF No. 12 ) is GRANTED IN PART AND DENIED IN PART. With respect to the claim for disability insurance benefits brought under Title II of the Social Security Act [42 U.S.C. §§ 401-433], the Plaintiff's Motion for Summary Judgment is DENIED and the Defendant's Motion for Summary Judgment is GRANTED. With respect to the claim for supplemental security income benefits brought under Title XVI of the Social Security Act [42 U.S.C. §§ 1381-1383f], the Defendant's Motion for Summary Judgment is DENIED, and the Plaintiff's Motion for Summary Judgment is DENIED to the extent that it requests an award of benefits but GRANTED insofar as it seeks a vacation of the decision of the Commissioner of Social Security, and a remand for further administrative proceedings. The Commissioner's decision denying the Plaintiff's application for disability insurance benefits is AFFIRMED. The Commissioner's decision denying the Plaintiff's application for supplemental security income benefits is VACATED. With respect to the Plaintiff's application for supplemental security income benefits, the case is REMANDED for further consideration of that application.


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