Holloway v. Commissioner of Social Security

Filing 12

MEMORANDUM OPINION AND ORDER by Judge John G. Heyburn, II on 3/26/2013re 11 FINDINGS OF FACT, CONCLUSIONS OF LAW AND RECOMMENDATIONS ; case is REMANDED to the Commissioner for further proceedings consistent with the recommendation of the Magistrate Judge; this is a final and appealable order. cc:counsel (TLB)

UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF KENTUCKY
AT LOUISVILLE
CIVIL ACTION NO. 3:11-CV-658-H
CHRISTOPHER A. HOLLOWAY

PLAINTIFF

V.
MICHAEL J. ASTRUE,
COMMISSIONER OF SOCIAL SECURITY

DEFENDANT

MEMORANDUM OPINION AND ORDER
Plaintiff, Christopher A. Holloway, filed this action pursuant to 42 U.S.C. § 405(g),
seeking judicial review of an administrative decision of the Commissioner of Social Security,
who denied his application for disability insurance benefits. The Court referred the matter to the
Magistrate Judge for a report and recommendation. After reviewing the parties’ fact and law
summaries in the administrative record, the Magistrate Judge concluded that the ALJ erred as a
matter of law and recommended that the District Court reverse the Commissioner’s decision and
remand this matter pursuant to 42 U.S.C. § 405(g) for further proceedings consistent with this
opinion. Defendant has not filed any objections to the Magistrate Judge’s report.
The Court has reviewed the Magistrate Judge’s Findings of Fact, Conclusions of Law and
Recommendation and agrees with them. Being otherwise sufficiently advised,
IT IS HEREBY ORDERED that pursuant to 42 U.S.C. § 405(g) this case is
REMANDED to the Commissioner for further proceedings consistent with the recommendation
of the Magistrate Judge.
This is a final and appealable order.

March 26, 2013

cc:

Counsel of Record
Magistrate Judge James D. Moyer