Avery v. Astrue

MEMORANDUM AND ORDER WITH REGARD TO PLAINTIFF’S MOTION FOR JUDGMENT ON THE PLEADINGS and THE COMMISSIONERS MOTION TO AFFIRM HIS FINAL DECISION (Document Nos. 9 and 11)

NEIMAN, United States Magistrate Judge.

Pursuant to 42 U.S.C. § 405(g), Daniel Avery (“Plaintiff’) seeks review of a final decision of the Commissioner of Social Security (“Commissioner”) reducing the amount of his monthly Social Security disability (“SSDI”) payments to account for his receipt of workérs’ compensation benefits. Plaintiff asserts that the Commissioner’s calculations were in error and that his workers’ compensation…