United States District Court, N.D. Indiana, Hammond Division
SHEILA A. VISINAIZ, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Sheila A. Visiniaz on February 3, 2016, and a
Plaintiff's Memorandum in Support of Her Motion to
Reverse the Decision of the Commissioner of Social Security
[DE 16], filed by Plaintiff on August 4, 2016. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On November 8,
2016, the Commissioner filed a response, and on December 6,
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 alleging that she became
disabled on August 15, 2012. Plaintiff's application was
denied initially and upon reconsideration. On June 23, 2014,
Administrative Law Judge (“ALJ”) Rebecca LaRiccia
held a hearing via video conference at which Plaintiff, with
an attorney, and a vocational expert (“VE”)
testified. On August 13, 2014, 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 December 31, 2014.
2. The claimant has not engaged in substantial gainful
activity since August 15, 2012, the alleged onset date.
3. The claimant had severe impairments: degenerative disc
disease, joint dysfunction, diabetes, hypertension,
emphysema, and obesity.
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 sedentary work as defined in 20 CFR 404.1567(a) and
416.967(a) except she can lift, carry, push and pull 20
pounds occasionally and 10 pounds frequently. She can sit six
hours and stand/walk two hours in an eight hour workday but
must use a cane for ambulation. The claimant can frequently
balance and occasionally stoop, kneel, crouch, crawl, reach
overhead and climb ramps or stairs but never climb ladders,
ropes or scaffolds. She should avoid concentrated exposure to
extreme heat/cold, wetness, humidity, and pulmonary irritants
such as fumes, odors, dusts, gases, and poor ventilation. The
claimant must avoid concentrated exposure to workplace
hazards such as slippery uneven surfaces and unprotected
6. The claimant is unable to perform any past relevant work.
7. The claimant was 44 years old, defined as a younger
individual age 18-44, on the alleged disability onset date.
The claimant subsequently changed age category to a younger
individual age 45-49.
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 ...