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Earley v. Berryhill

United States District Court, W.D. Kentucky, Bowling Green Division

March 10, 2017

KURT JAMES EARLEY PLAINTIFF
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security DEFENDANT

          MEMORANDUM, OPINION, AND ORDER

          H. Brent Brennenstuhl United States Magistrate Judge

         BACKGROUND

         Before the Court is the complaint (DN 1) of Kurt James Earley seeking judicial review of the final decision of the Commissioner pursuant to 42 U.S.C. § 405(g). Both the Plaintiff (DN 13) and Defendant (DN 18) have filed a Fact and Law Summary.

         Pursuant to 28 U.S.C. § 636(c) and Fed.R.Civ.P. 73, the parties have consented to the undersigned United States Magistrate Judge conducting all further proceedings in this case, including issuance of a memorandum opinion and entry of judgment, with direct review by the Sixth Circuit Court of Appeals in the event an appeal is filed (DN 11). By Order entered July 19, 2016, (DN 12), the parties were notified that oral arguments would not be held unless a written request therefor was filed and granted. No such request was filed.

         FINDINGS OF FACT

         Plaintiff protectively filed an application for Supplemental Security Income benefits on February 26, 2013 (Tr. 16, 213). Plaintiff alleged that he became disabled on July 22, 2005, as a result of

1. Pinched nerves
2. Left Upper extremity cervical radiculopathy
3. Ulnar Neuritis
4. Numbness in left hand
5. Learning Di sorders
6. Depression, anxiety
7. Ob sessive Compul sive Di sorder traits
8. Difficulty concentrating, focusing, following directions
9. Difficulty dealing with stress and people
10. High Blood Pressure
11. Protruding disc in ...

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