Genevieve Antoniewicz v. Michael Astrue

MEMORANDUM

Genevieve Antoniewicz (“Claimant”) timely appeals from a judgment of the district court affirming a final decision by which the Commissioner of Social Security (“Commissioner”) denied her application for Parent’s Insurance Benefits on account of her son, Henry Antoniewicz (“Decedent”), who was a fully insured wage earner at the time of his death, at age 52, in August 1998.

The district court had jurisdiction pursuant to 42 U.S.C. § 405 (g). We have jurisdiction pursuant to 28 U.S.C. § 1291 . We affirm.

I.

Because the parties are familiar with the factual and procedural history of this case, we will not recount it here except as necessary to our disposition of the claims of error raised on appeal.

II.

We review de novo a district court judgment affirming a final order of the Commissioner. See Gillett-Netting v. Barnhart, 371 F.3d 593, 595 (9th Cir.2004). Our review of the Commissioner’s decision is essentially the same as that undertaken by the district court. Tidwell v. Apfel, 161 F.3d 599, 601 (9th Cir.1999). The decision of the Commissioner must be affirmed if it is supported by substantial evidence and the Commissioner applied the correct legal standards. See…