Hagans v. Commissioner of Social Security, 11-2526; Third Circuit, opinion by Chagares, U.S.C.J.; filed September 14, 2012. Before Circuit Judges Fuenes and Chagares, and Judge Pogue, Chief Judge, United States Court of International Trade, sitting by designation. On Appeal from the District Court [Sat below: Judge Hochberg] D.D.S. No. 01-8-7711 [33 pp.]
Mark Hagans appeals the cessation of his Social Security disability insurance benefits following a determination by the Social Security Administration (“SSA”) that he was no longer disabled. Hagans argues the District Court erred by reviewing his disability status as of Sept. 1, 2004 the day on which, according to the SSA, Hagans’s disability ceased. This contention requires a decision as to what level of deference, if any, should be afforded to the SSA’s Acquiescence Ruling interpreting the cessation provision of the Social Security Act, as to the time of the SSA’s initial disability determination. Hagans further argues that substantial evidence does not support the SSA’s conclusion that he was not fully disabled as of Sept. 1, 2004.
