United States District Court, N.D. Indiana, Hammond Division
DAVID J. VINZANI, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN UNITED STATES DISTRICT COURT
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff David Vinzani on February 17, 2016, and
Plaintiff's Opening Brief [DE 16], filed by Plaintiff on
July 20, 2016. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On September 30, 2016, the Commissioner filed a
response, and on October 14, 2016, Plaintiff filed a reply.
For the following reasons, the Court grants Plaintiff's
request for remand.
November 11, 2012, Plaintiff filed an application for
benefits alleging that he became disabled on May 26, 2011.
Plaintiff's application was denied initially and upon
reconsideration. On October 23, 2014, Administrative Law
Judge (“ALJ”) Romona Scales held a hearing at
which Plaintiff, with an attorney, and a vocational expert
(“VE”) testified. On March 27, 2015, the ALJ
issued a decision finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2016.
2. The claimant has not engaged in substantial gainful
activity since May 26, 2011, the alleged onset date.
3. The claimant has severe impairments: degenerative disc
disease of the lumbar spine and history of right total hip
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one the listed impairments in 20 CFR 404, Subpart P, Appendix
5. The claimant has the residual functional capacity
(“RFC”) to perform light work as defined in 20
CFR 404.1567(b) and 416.967(b) in that he can lift and/or
carry up to 20 pounds occasionally and 10 pounds frequently,
can stand and/or walk about 6 hours and sit for about 6 hours
in an 8-hour workday. The claimant can frequently balance,
kneel, and crouch, and can occasionally stoop, crawl, and
climb ramps and stairs. He must never climb ladders, ropes,
or scaffolds and must avoid concentrated exposure to
slippery, wet, or uneven surfaces and hazards such as
dangerous moving machinery and unprotected heights.
6. The claimant is capable of performing past relevant work
as a gate guard. This work does not require the performance
of work-related activities precluded by the claimant's
7. The claimant has not been under a disability, as defined
in the Social Security Act, from May 26, 2011, through the
date of this decision.
December 14, 2015, the Appeals Council denied Plaintiff's
request for review, leaving the ALJ's decision the final
decision of the Commissioner.
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