United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN, UNITED STATES DISTRICT COURT MAGISTRATE JUDGE.
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Pier Angela Parker on August 25, 2015, and a Brief
in Support of Plaintiff’s Motion for Summary Judgment
[DE 18], filed by Plaintiff on February 11, 2016. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On May 17,
2016, the Commissioner filed a response, and on June 15,
2016, Plaintiff filed a reply. For the following reasons, the
Court grants Plaintiff’s request for remand.
filed an application for disability insurance benefits and
for supplemental security income with the U.S. Social
Security Administration (“SSA”) alleging that she
became disabled on August 15, 2009. Plaintiff’s
application was denied initially and upon reconsideration. On
September 19, 2014, Administrative Law Judge
(“ALJ”) William E. Sampson held a hearing at
which Plaintiff, with an attorney, and a vocational expert
(“VE”) testified. On February 11, 2015, the ALJ
issued a decision finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant met the insured status requirements of the
Social Security Act through March 31, 2015.
2. The claimant has not engaged in substantial gainful
activity since February 3, 2012.
3. The claimant had severe impairments: obesity, asthma,
dextroscoliosis of the thoracic spine, fibromyalgia, chronic
diverticulitis and borderline intellectual functioning.
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 .
5. The claimant has the residual functional capacity to lift
and carry 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
is occasionally able to climb ramps/stairs, balance, stoop,
crouch, kneel, and crawl. She should avoid concentrated
exposure to heat, extreme cold, and wet, slippery, or uneven
services, and pulmonary irritants. The claimant should avoid
concentrated exposure to workplace hazards such as dangerous
machinery and unprotected heights. She is limited to simple,
routine, and repetitive tasks and would require a job with a
flexible pace. She would be able to perform a job with
production pace work, such as an assembly line.
6. The claimant is unable to perform any past relevant work.
7. The claimant was 50 years old, defined as an individual
closely approaching advanced age, on the amended disability
8. The claimant has at least a high school education and is
able to communicate in English.
9. Transferability of job skills is not material to the
determination of disability because the Medical-Vocational
Rules support a finding that the claimant is not disabled.
10. Considering the claimant’s age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national ...