United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Desiree Latrice Kinsey on February 23, 2016, and
Plaintiff's Brief [DE 16], filed by Plaintiff on June 21,
2016. Plaintiff requests that the October 30, 2015 decision
of the Administrative Law Judge denying her claim for
supplemental security income be reversed and remanded for
further proceedings. On September 27, 2016, the Commissioner
filed a response, and Plaintiff filed a reply on October 18,
2016. For the following reasons, the Court grants
Plaintiff's request for remand.
filed her initial application for supplemental security
income on October 14, 2009, alleging disability since
November 1, 2008. The claim was denied initially and on
reconsideration, and she requested a hearing, which was held
before ALJ Romona Scales (ALJ) on January 4, 2011. On March
18, 2011, the ALJ issued an unfavorable decision. On March
22, 2012, the Appeals Council declined Plaintiff's
request for review, making the ALJ's denial the final
decision of the Commissioner. Plaintiff filed an appeal with
this Court pursuant to 42 U.S.C. §§ 405(g) and
1383(c). On September 30, 2013, the undersigned reversed and
remanded the case for a new hearing. On April 23, 2014, the
Appeals Council remanded the case. A new hearing was held
before ALJ Scales on August 11, 2015. On October 30, 2015,
the ALJ issued an unfavorable decision, making the following
1. The claimant has not engaged in substantial gainful
activity since October 14, 2009, the application date.
2. The claimant has the following severe impairments: history
of carotid artery aneurysm, with surgery; vision loss, right
eye; and palsy of the right nerve.
3. The claimant does not have an impairment or combination of
impairments that meets or medically equals one of the listed
impairments in 20 CFR Part 404, Subpart P, Appendix 1.
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity to perform sedentary work as defined in
20 CFR 416.967(a) except that the claimant is never to crawl,
kneel, or climb ladders, ropes, or scaffolds; the
claimant's work must be without requirement of balance;
the claimant is limited to no more than occasional stooping,
crouching, crawling, or the climbing [of] ramps and stairs;
the claimant is limited to no more than frequent bilateral
handling, fingering, and reaching in all directions; the
claimant is limited to no more than frequent operation of
foot controls; the claimant is limited to no more than
occasional exposure to extreme cold, humidity, wetness, and
vibration; the claimant is never to be exposed to dusts,
fumes, odors, gases, poor ventilation, and extreme heat; the
claimant's work must not require fine, precise, or
detailed visual acuity of small/microscopic objects; the
claimant can exercise near and far acuity; the claimant can
see and handle medium to large objects; the claimant can
avoid work place hazards; the claimant requires a cane for
balance and/or ambulation.
5. The claimant is unable to perform any past relevant work.
6. The claimant was born [in 1975] and was 34 years old,
which is defined as a younger individual age 18-44, 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 material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled, ” whether or
not the claimant has transferable job skills.
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, from October 14, 2009, the date
the application was filed.
Appeals Council denied Plaintiff's request for review,
leaving the ALJ's decision the final decision of the
Commissioner. See 20 C.F.R. § 416.1481.
Plaintiff filed this civil action pursuant to 42 U.S.C.
§§ 405(g) and 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. Therefore, this Court has jurisdiction to decide
this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C.
Social Security Act authorizes judicial review of the final
decision of the agency and indicates that the
Commissioner's factual findings must be accepted as
conclusive if supported by substantial evidence. 42 U.S.C.
§ 405(g). Thus, a court reviewing the findings of an ALJ
will reverse only if the findings are not supported by
substantial evidence or if the ALJ has applied an erroneous
legal standard. See Briscoe v. Barnhart, 425 F.3d
345, 351 (7th Cir. 2005). Substantial evidence consists of
“such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.”
Schmidt v. Barnhart, 395 F.3d 737, 744 (7th Cir.
2005) (quoting Gudgel v. Barnhart, 345 F.3d 467, 470
(7th Cir. 2003)).
reviews the entire administrative record but does not
reconsider facts, re-weigh the evidence, resolve conflicts in
evidence, or substitute its judgment for that of the ALJ.
See Boiles v. Barnhart, 395 F.3d 421, 425 (7th Cir.
2005); Clifford v. Apfel, 227 F.3d 863, 869 (7th
Cir. 2000); Butera v. Apfel, 173 F.3d 1049, 1055
(7th Cir. 1999). Thus, the question upon judicial review of
an ALJ's finding that a claimant is not disabled within
the meaning of the Social Security Act is not whether the
claimant is, in fact, disabled, but whether the ALJ
“uses the correct legal standards and the decision is
supported by substantial evidence.” Roddy v.
Astrue, 705 F.3d 631, 636 (7th Cir. 2013) (citing
O'Connor-Spinner v. Astrue, 627 F.3d 614, 618
(7th Cir. 2010); Prochaska v. Barnhart, 454 F.3d
731, 734-35 (7th Cir. 2006); Barnett v. Barnhart,
381 F.3d 664, 668 (7th Cir. 2004)). “[I]f the
Commissioner commits an error of law, ” the Court may
reverse the decision “without regard to the volume of
evidence in support of the factual findings.” White
v. Apfel, 167 F.3d 369, 373 (7th Cir. 1999) (citing
Binion v. Chater, 108 F.3d 780, 782 (7th Cir.
minimum, an ALJ must articulate her analysis of the evidence
in order to allow the reviewing court to trace the path of
her reasoning and to be assured that the ALJ considered the
important evidence. See Scott v. Barnhart, 297 F.3d
589, 595 (7th Cir. 2002); Diaz v. Chater, 55 F.3d
300, 307 (7th Cir. 1995); Green v. Shalala, 51 F.3d
96, 101 (7th Cir. 1995). An ALJ must “‘build an
accurate and logical bridge from the evidence to [the]
conclusion' so that [a reviewing court] may assess the
validity of the agency's final decision and afford [a
claimant] meaningful review.” Giles v. Astrue,
483 F.3d 483, 487 (7th Cir. 2007) (quoting Scott,
297 F.3d at 595)); see also O'Connor-Spinner,
627 F.3d at 618 (“An ALJ need not specifically address
every piece of evidence, but must provide a ‘logical
bridge' between the evidence and [her]
conclusions.”); Zurawski v. Halter, 245 F.3d
881, 889 (7th Cir. 2001) (“[T]he ALJ's analysis
must provide some glimpse into the reasoning behind [the]
decision to deny benefits.”).
eligible for disability benefits, a claimant must establish
that she suffers from a “disability” as defined
by the Social Security Act and regulations. The Act defines
“disability” as an inability to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment that can be
expected to result in death or that has lasted or can be
expected to last for a continuous period of not less than
twelve months. 42 U.S.C. § 1382c(a)(3)(A). To be found
disabled, the claimant's impairment must not only prevent
her from doing her previous work, but considering her age,
education, and work experience, it must also prevent her from
engaging in any other type of substantial gainful activity
that exists in significant numbers in the economy. 42 U.S.C.
§ 1382c(a)(3)(B); 20 C.F.R. § 416.920(e)-(f).
claimant alleges a disability, Social Security regulations
provide a five-step inquiry to evaluate whether the claimant
is entitled to benefits. 20 C.F.R. § 416.920(a)(4). The
steps are: (1) Is the claimant engaged in substantial gainful
activity? If yes, the claimant is not disabled, and the claim
is denied; if no, the inquiry proceeds to step two; (2) Does
the claimant have an impairment or combination of impairments
that are severe? If no, the claimant is not disabled, and the
claim is denied; if yes, the inquiry proceeds to step three;
(3) Do(es) the impairment(s) meet or equal a listed
impairment in the appendix to the regulations? If yes, the
claimant is automatically considered disabled; if no, then
the inquiry proceeds to step four; (4) Can the claimant do
the claimant's past relevant work? If yes, the claimant
is not disabled, and the claim is denied; if no, then the
inquiry proceeds to step five; (5) Can the claimant perform
other work given the claimant's residual ...