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Morales v. Astrue

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE
Aug 22, 2013
CIVIL ACTION NO. 3:12-CV-400-H (W.D. Ky. Aug. 22, 2013)

Opinion

CIVIL ACTION NO. 3:12-CV-400-H

08-22-2013

ROBERT F. MORALES PLAINTIFF v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL SECURITY DEFENDANT


MEMORANDUM OPINION AND ORDER

Robert Morales 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 supplemental security income benefits. Mr. Morales asserts that the administrative law judge ("ALJ") erred by failing to deem his post-traumatic stress disorder a severe impairment and by rejecting the opinion of his treating psychiatrist. Upon referral from this Court, the Magistrate Judge issued Findings and a Recommendation that the ALJ's decision is generally supported by substantial evidence in the record, except his analysis of the degree to which Mr. Morales's ability to adapt to respond appropriately to changes in the work setting. No party has objected to this finding.

Being otherwise sufficiently advised,

IT IS HEREBY ORDERED that the case should be remanded to the Commissioner of Social Security for further consideration only of the narrow issue of the degree to which Mr. Morales's ability to adapt to pressures and changes normally found in a day-to-day work setting is impaired. In all other respects, the decision of the Commissioner is AFFIRMED.

This is a final order.

John G. Heyburn II, Judge

United States District Court
cc: Counsel of Record

Magistrate Judge James D. Moyer


Summaries of

Morales v. Astrue

UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE
Aug 22, 2013
CIVIL ACTION NO. 3:12-CV-400-H (W.D. Ky. Aug. 22, 2013)
Case details for

Morales v. Astrue

Case Details

Full title:ROBERT F. MORALES PLAINTIFF v. MICHAEL J. ASTRUE, COMMISSIONER OF SOCIAL…

Court:UNITED STATES DISTRICT COURT WESTERN DISTRICT OF KENTUCKY AT LOUISVILLE

Date published: Aug 22, 2013

Citations

CIVIL ACTION NO. 3:12-CV-400-H (W.D. Ky. Aug. 22, 2013)