Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Bulla v. Colvin

United States District Court, N.D. Indiana, Hammond Division

September 14, 2016

MICHAEL BULLA, Plaintiff,
v.
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 Michael Bulla on June 4, 2015, and Plaintiff's Brief in Support of his Motion to Reverse the Decision of the Commissioner of Social Security [DE 18], filed by Plaintiff on November 25, 2015. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On March 1, 2016, the Commissioner filed a response, and on March 10, 2016, Plaintiff filed a reply. For the following reasons, the Court grants Plaintiff's request for remand.

         I. Procedural Background

         On November 16, 2011, Plaintiff filed an application for benefits alleging that he became disabled on December 30, 2008. Plaintiff's application was denied initially and upon reconsideration. On January 30, 2014, Administrative Law Judge (“ALJ”) Patricia Witkowski Superman held a video hearing at which Plaintiff, with an attorney representative, and a vocational expert (“VE”) testified. On February 12, 2014, 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 December 31, 2008.
2. The claimant has not engaged in substantial gainful activity since December 30, 2008, the alleged onset date.
3. The claimant had the following severe impairments: morbid obesity, degenerative joint disease of the shoulders bilaterally, degenerative disc disease, and adjustment disorder with depressed mood.
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.
5. The claimant has the residual functional capacity to perform light work except that the claimant can occasionally climb ramps and stairs, but never ladders, ropes, or scaffolds. The claimant can occasionally balance and stoop, but can never kneel, crouch, or crawl. The Claimant can frequently reach in al directions, including overhead, with the bilateral upper extremities. The claimant can tolerate occasional exposure to wetness, vibration, fumes, and hazards such as moving machinery, but cannot be around unprotected heights. The claimant cannot ambulate on slippery or uneven surfaces. The claimant is limited to unskilled work tasks that can be learned by demonstration or less of a simple, repetitive, and routine nature. He is limited to occasional contact with the general public of an incidental and superficial nature, as well as occasional interaction with supervisors and coworkers. He is further limited to occasional decision-making and occasional changes in the work setting. The claimant cannot meet fast pace or strict production quotas, but can meet production goals.
6. The claimant has no past relevant work.
7. The claimant was 47 years old, defined as a younger individual, on the alleged disability onset date, and subsequently changed age category to closely approaching advanced age.
8. The claimant has a limited education and is able to communicate in English.
9. Transferability of job skills is not material to the determination of disability because the claimant does not ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.