Smith v. SSA

Filing 9

JUDGMENT: (1) Pla's Mtn for SJ 6 is DENIED insofar as it challenges ALJ's 3rd finding; (2) Pla's Mtn for SJ 6 is GRANTED insofar as it challenges ALJ's 4th finding and ALJ's 4th finding is REVERSED; (3) Dft's Mtn fo r SJ is GRANTED insofar as it suppts AlJ's 3rd finding; (4) Dft's Mtn for SJ 7 is DENIED insofar as it suppts ALJ's 4th finding; and (5) Case is REAMNDED to ALJ for completion of disability determination in accordance w/this opinion; (6) This is a final and appealable order & no just cause for delay exists. Signed by Judge Karen K. Caldwell on 6/24/09.(MCB)cc: COR w/NOE

UNITED STATES DISTRICT COURT E A S T E R N DISTRICT OF KENTUCKY S O U T H E R N DIVISION AT PIKEVILLE C IV IL ACTION NO. 7:08-74-KKC P A U L G. SMITH v. M IC H A E L ASTRUE, C o m m i s s i o n e r of Social Security ******* In compliance with Federal Rule of Civil Procedure 58 and sentence four of 42 U.S.C. § 405(g), i t is HEREBY ORDERED that: (1) P l a i n t i ff' s motion for Summary Judgment is DENIED insofar as it challenges the ALJ's th ird finding; (2 ) P la in tiff's motion for Summary Judgment is GRANTED insofar as it challenges the A LJ 's fourth finding, and the ALJ's fourth finding is REVERSED; (3 ) D e fe n d a n t's motion for Summary Judgment is GRANTED insofar as it supports the A LJ 's third finding; (4) D e fe n d a n t 's motion for Summary Judgment is DENIED insofar as it supports the ALJ's fo u rth finding; and (5) T h i s case is REMANDED to the ALJ for completion of the disability determination in a c c o rd a n c e with this opinion. (6 ) This is a final and appealable order and no just cause for delay exists. JUDGMENT P L A I N T IF F

DEFENDANT

D a te d this 24 th day of June, 2009.