Eversole v. SSA

Filing 15

ORDER: 1) 14 Report and Recommendations is adopted as the findings of fact and conclusion of law of this Court. 2) Pla's 10 Motion for Summary Judgment is denied in part as to Pla's request for the Court to award benefits and is gran ted in part to the extent this matter be remanded to SSA for further proceedings. 3) Dft's 13 Motion for Summary Judgment is denied. 4) The ALJ's decision in this matter is reversed and this action is remanded to the Commissioner for further proceedings. Separate Judgment shall enter herewith. Signed by Judge William O. Bertelsman on 8/30/2013. (SCD)cc: COR

Eastern District of Kentuoky

F I LED

UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF KENTUCKY
CENTRAL DIVISION
AT LEXINGTON

SEP - 3 20t3
AT COVINGTON
ROBERT R. CARR
,,l.F.RK U.S. DISTRICT COURT
~

CIVIL ACTION NO. 2013-22 (WOB-CJS)

PLAINTIFF

MICHAEL WAYNE EVERSOLE

o

VS.

R D E R

CAROLYN W. COLVIN,

ACTING COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

This matter is before the court on the Report and
Recommendation of the united States Magistrate Judge (Doc.#14),
and there being no objections filed thereto, and the Court being
sufficiently advised,
IT IS ORDERED:

1) That the Report and Recommendation is hereby adopted as
the findings of fact and conclusion of law of this Court;
2) Plaintiff's Motion for Summary Judgment (Doc.#10) is
denied in part as to Plaintiff's request for the Court to award
bene

ts, and is granted in part to the extent this matter be

remanded to the Commissioner for further proceedings;
3) Defendant'S Motion for Summary Judgment (Doc. #13) to
firm the ALJ's September 16, 2011 decision as supported by
substantial evidence is denied;

4) The ALJ's decision in this matter is reversed and this
action be, and it is, hereby remanded to the Commissioner for
further proceedings. Separate Judgment shall enter concurrently
herewith.
This 30th day of August/ 2013.

Signed

By:

William O. Berteisman

WOE

United States District Judge