United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Hayley Michelle Ryberg on April 2, 2015, and
Plaintiff's Brief in Support of Her Motion to Reverse the
Decision of the Commissioner of Social Security [DE 16],
filed by Plaintiff on October 14, 2015. Plaintiff requests
that the decision of the Administrative Law Judge be reversed
and remanded for further proceedings. On February 16, 2016,
the Commissioner filed a response, and on February 29, 2016,
Plaintiff filed a reply. For the following reasons, the Court
grants Plaintiff's request for remand.
January 24, 2013, Plaintiff filed an application for a period
of disability and for disability insurance benefits with the
U.S. Social Security Administration (“SSA”).
Plaintiff claimed disability beginning October 10, 2012.
Plaintiff's application was denied initially and upon
reconsideration. Plaintiff waived the right to testify at a
hearing, and on October 22, 2013, Administrative Law Judge
(“ALJ”) William E. Sampson 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 December 31, 2016.
2. The claimant has not engaged in substantial gainful
activity since October 10, 2012, the alleged onset date.
3. The claimant had the following medically determinable
impairments: headaches, vertigo, a sensory disorder, syncopal
episodes, transient altered mental status, convulsions,
dizziness, blurry vision, motor restlessness, fibromyalgia,
generalized muscle aches, obesity, anxiety, and panic
4. The claimant does not have an impairment or combination of
impairments that has significantly limited or is expected to
significantly limit the ability to perform basic work-related
activities for 12 consecutive months; therefore, the claimant
does not have a severe impairment or combination of
5. The claimant has not been under a disability as defined in
the Social Security Act from October 10, 2012, through the
date of the decision.
Appeals Council denied Plaintiff's request for review,
leaving the ALJ's decision the final decision of 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
this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C.
who is obese, has been diagnosed with fibromyalgia and
anxiety. She suffers from headaches, seizure activity,
irritability, fatigue, insomnia, and nervousness. State
agency consultants who reviewed Plaintiff's medical
records concluded that her fibromyalgia is a severe
impairment and that her anxiety disorder is a medically
determinable impairment, although not severe within the