Smith v. Commissioner of Social Security
||Sam G. Smith
||Commissioner of Social Security
||April 14, 2013
||Kentucky Western District Court
||James D. Moyer
|Nature of Suit:
||Social Security: SSID Tit. XIV
|Cause of Action:
||42:405 Review of HHS Decision (SSID)
|Jury Demanded By:
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|Date Filed||#||Document Text|
|September 4, 2014
MEMORANDUM OPINION AND ORDER by Senior Judge John G. Heyburn, II on 9/3/14 - The Court adopts the Recommendation of the Magistrate Judge and that the decision of the Commissioner is AFFIRMED except that it failed to adequately explain the reasons fo r failing to give controlling weight and functional capacity assessment of Plaintiffs orthopedic surgeon. Therefore, this matter is REMANDED to the Commissioner to more properly evaluate and describe Dr. Wittens functional capacity assessment. cc: Counsel(TG)
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