August 30, 2013
MICHAEL WAYNE EVERSOLE, Plaintiff,
CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.
WILLIAM O. BERTELSMAN, District Judge.
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.