Myers v. Asture

Filing 19

ORDER adopting 17 Report and Recommendations; denying in part and granting in part 10 Motion for Summary Judgment; granting in part and denying in part 13 Motion to Affirm the Commissioner's Decision. Signed by Honorable David C. Bramlette, III on March 28, 2011. (lda)

-RHW Myers v. Asture

Doc. 19

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF MISSISSIPPI WESTERN DIVISION IVAN G. MYERS vs. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY ORDER This cause came on this date to be heard upon the Report and Recommendation of the Chief United States Magistrate Judge, after referral of hearing by this Court, and there being no objections thereto filed by either party, and the Court, having fully reviewed the Report and Recommendation of the Chief United States Magistrate Judge entered in this cause, and being duly advised in the premises, finds that said Report and Recommendation should be adopted as the opinion of this Court. IT IS, THEREFORE, ORDERED that the Report and Recommendation of Chief United States Magistrate Judge John M. Roper be, and the same is hereby adopted as the finding of this Court, and that Plaintiff Ivan G. Myers' Motion [10-1] for Summary Judgment is DENIED in part and GRANTED in part, and Defendant's Motion [13-1] to Affirm the Decision of the Commissioner is GRANTED in part and DENIED in part. FURTHER, ORDERED that the Commissioner's "final decision" in regards to Plaintiff's physical impairments is hereby AFFIRMED and the Commissioner's decision with regards to Plaintiff's mental impairments is REVERSED and REMANDED to the PLAINTIFF CIVIL ACTION NO. 5:09cv121-DCB-RHW DEFENDANT

Dockets.Justia.com

Commissioner of Social Security in order that the Commissioner comply with the requirements of section 404.1520a. SO ORDERED, this the 28th day of March, 2011.

s/David Bramlette UNITED STATES DISTRICT JUDGE

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