Nicewicz v. Apfel

Type

Opinion of the Court

Author

Thomas L. Ambro

Filed

June 26, 2002

Case

Nicewicz v. Apfel

Case status

Decided

The first passage of the document, as extracted by the source provider.

OPINION AMBRO, Circuit Judge. I. Christopher Nicewicz, who was born in Poland and immigrated to the United States in 1985, applied for supplemental security income (“SSI”) benefits on September 17, 1996, alleging inability to work due to a back injury. The Commissioner of Social Security (the “Commissioner”) denied his application and his request for reconsideration. In response to Nicewicz’s request, an Administrative Law Judge (“ALJ”) held a hearing on his denial and likewise found him to be ineligible for SSI benefits on September 17, 1998. The Appeals Council denied Nicewicz’s request for review, making the ALJ’s determination the final decision of the Commissioner. Nicewicz instituted a civil action under 42 U.S.C. 405(g) to obtain review of this decision in the District Court. Both parties moved for summary judgment, and the Court referred the case to Magistrate Judge Thomas M. Blewitt, who filed a Report and Recommendation denying Nicewicz’s appeal on the grounds that substantial evidence existed to support the denial of benefits. The District Court adopted the Report and Recommendation. This appeal followed. We affirm. Social Security regulations prescribe a five-step proce…

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