United States District Court, N.D. Indiana, Hammond Division
KATHLEEN R. HERROLD, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
JOHN E. MARTIN, Magistrate Judge.
This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Kathleen R. Herrold on October 9, 2013, and a Memorandum in Support of Plaintiff's Motion for Summary Judgment or Remand [DE 19], filed by Plaintiff on May 20, 2014. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On August 8, 2014, the Commissioner filed a response. Plaintiff has not filed a reply and the time to do so has passed. For the following reasons, the Court grants Plaintiff's request for remand.
On October 8, 2010, Plaintiff filed an application for disability and disability insurance benefits ("DIB") with the U.S. Social Security Administration ("SSA") alleging that she became disabled on January 28, 2010. Plaintiff's application was denied initially and upon reconsideration. On May 10, 2012, Administrative Law Judge ("ALJ") Jonathan Stanley held a hearing at which Plaintiff, with an attorney, and a vocational expert ("VE") testified. On May 17, 2012, the ALJ issued a decision finding that Plaintiff was not disabled.
The ALJ made the following findings under the required five-step analysis:
1. The claimant met the insured status requirements of the Social Security Act through June 30, 2012.
2. The claimant has not engaged in substantial gainful activity since January 28, 2010, the alleged onset date. (20 CFR 404.1571 et seq. ).
3. The claimant had severe impairments: rheumatoid arthritis, degenerative disc disease of the cervical and lumbar spine, and arachnoid cyst (20 CFR 404.1520(c)).
4. The claimant does not have an impairment or combination of impairments that meets or medically equals any of the listed impairments in 20 CFR 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525 and 404.1526).
5. The claimant has the residual functional capacity to lift/carry and push/pull up to 20 pounds occasionally and 10 pounds frequently, stand and/or walk for about 6 hours of an 8 hour workday, and sit for about 6 hours of an 8 hour workday. She can occasionally climb ramps and stairs, stoop, kneel, crouch, and crawl; frequently balance and never climb ladders, ropes or scaffolds. She can frequently finger bilaterally.
6. The claimant is capable of performing past relevant work as a nursery school attendant, work that does not require the performance of work-related activities precluded by the claimant's RFC (20 CFR 404.1565).
7. The claimant has not been under a disability, as defined in the Social Security Act, from January 28, 2010, the date of alleged onset, through the date of the decision (20 CFR 404.1520(f)).
On July 8, 2013, the Appeals Council denied Plaintiff's request for review, leaving the ALJ's decision the final decision of the Commissioner.
The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide ...