United States District Court, N.D. Indiana, Hammond Division
VINCE O. WARREN, Plaintiff,
CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Vince O. Warren on July 2, 2015, and a Brief in
Support of Plaintiff's Motion for Summary Judgment [DE
13], filed by Plaintiff on November 2, 2015. Plaintiff
requests that the February 7, 2014 decision of the
Administrative Law Judge denying his claim for supplemental
security income be reversed and remanded for further
proceedings. On February 5, 2016, the Commissioner filed a
response, and Plaintiff filed a reply on February 24, 2016.
For the following reasons, the Court grants Plaintiff's
request for remand.
filed for supplemental security income on November 13, 2012.
His claim was denied initially and upon reconsideration.
Plaintiff timely requested a hearing, which was held on
January 27, 2014, and presided over by Administrative Law
Judge (ALJ) Christa Zamora. Present at the hearing were
Plaintiff, his attorney, and an impartial vocational expert.
issued a written decision on February 7, 2014, concluding
that Plaintiff was not disabled based on the following
1. The claimant has not engaged in substantial gainful
activity since November 13, 2012, the application date.
2. The claimant has the following severe impairment[s]:
degenerative joint disease of the lumbar spine, degenerative
joint disease of the pelvis/right hip, and chronic pain
3. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform light work as defined in 20
CFR 416.967(b) with some additional limitations. More
specifically, he is able to lift and/or carry up to 20 pounds
occasionally and 10 pounds frequently, stand and/or walk for
a total of about six hours in an eight-hour workday, and sit
for a total of about six hours in an eight-hour workday. He
is further limited to no more than occasional balancing,
stooping, kneeling, crouching, crawling, and climbing.
5. The claimant has no past relevant work.
6. The claimant was born [in 1988] and was 23 years old,
which is defined as a younger individual age 18-49, on the
date the application was filed.
7. The claimant has at least a high school education and is
able to communicate in English.
8. Transferability of job skills is not an issue because the
claimant does not have past relevant work.
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national economy
that the claimant can perform.
10. The claimant has not been under a disability, as defined
in the Social Security Act, since November 13, 2012, the date
the application was filed.
(AR 1-23). Plaintiff then sought review before the
Agency's Appeals Council, which denied his request on May
18, 2015, leaving the ALJ's decision as the final
decision of the Commissioner. See 20 C.F.R. §
416.1481. On July 2, 2015, Plaintiff filed this civil action
pursuant to 42 U.S.C. § 1383(c)(3) for review 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. This Court thus has jurisdiction to decide this
case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C. §