United States District Court, N.D. Indiana, Fort Wayne Division
KELLY J. CHAVEZ, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
OPINION AND ORDER
William C. Lee, Judge.
matter is before the court for judicial review of a final
decision of the defendant Commissioner of Social Security
Administration denying Plaintiff's application for
Disability Insurance Benefits (DIB) as provided for in the
Social Security Act. 42 U.S.C. §416(i). Section 205(g)
of the Act provides, inter alia, "[a]s part of his
answer, the [Commissioner] shall file a certified copy of the
transcript of the record including the evidence upon which
the findings and decision complained of are based. The court
shall have the power to enter, upon the pleadings and
transcript of the record, a judgment affirming, modifying, or
reversing the decision of the [Commissioner], with or without
remanding the case for a rehearing." It also provides,
"[t]he findings of the [Commissioner] as to any fact, if
supported by substantial evidence, shall be conclusive. . .
." 42 U.S.C. §405(g). The law provides that an
applicant for disability insurance benefits must establish an
"inability to engage in any substantial gainful activity
by reason of any medically determinable physical or mental
impairment which can be expected to last for a continuous
period of not less than 12 months. . . ." 42 U.S.C.
§416(i)(1); 42 U.S.C. §423(d)(1)(A). A physical or
mental impairment is "an impairment that results from
anatomical, physiological, or psychological abnormalities
which are demonstrable by medically acceptable clinical and
laboratory diagnostic techniques." 42 U.S.C.
§423(d)(3). It is not enough for a plaintiff to
establish that an impairment exists. It must be shown that
the impairment is severe enough to preclude the plaintiff
from engaging in substantial gainful activity. Gotshaw v.
Ribicoff, 307 F.2d 840 (7th Cir. 1962), cert. denied,
372 U.S. 945 (1963); Garcia v. Califano, 463 F.Supp.
1098 (N.D.Ill. 1979). It is well established that the burden
of proving entitlement to disability insurance benefits is on
the plaintiff. See Jeralds v. Richardson, 445 F.2d
36 (7th Cir. 1971); Kutchman v. Cohen, 425 F.2d 20
(7th Cir. 1970).
the foregoing framework, "[t]he question before [this
court] is whether the record as a whole contains substantial
evidence to support the [Commissioner's] findings."
Garfield v. Schweiker, 732 F.2d 605, 607 (7th Cir.
1984) citing Whitney v. Schweiker, 695 F.2d 784, 786
(7th Cir. 1982); 42 U.S.C. §405(g). "Substantial
evidence is defined as 'more than a mere scintilla. It
means such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.'"
Rhoderick v. Heckler, 737 F.2d 714, 715 (7th Cir.
1984) quoting Richardson v. Perales, 402 U.S. 389,
401, 91 S.Ct. 1410, 1427 (1971); see Allen v.
Weinberger, 552 F.2d 781, 784 (7th Cir. 1977). "If
the record contains such support [it] must [be] affirmed, 42
U.S.C. §405(g), unless there has been an error of
law." Garfield, supra at 607; see
also Schnoll v. Harris, 636 F.2d 1146, 1150 (7th Cir.
present matter, after consideration of the entire record, the
Administrative Law Judge (“ALJ”) made the
1. The claimant has not engaged in substantial gainful
activity since November 16, 2010, the application date (20
CFR 416.971 et seq.).
2. The claimant has the following severe impairments:
obesity, migraine headaches, a history of acoustic neuroma of
the left skull base/brain treated with Cyberknife
radiosurgery in 2007, lumbar degenerative disc disease, left
knee pain/patellar tendinitis with possible meniscus tear,
anxiety and depression (20 CFR 416.920(c)).
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,
Appendix 1 (20 CFR 416.920(d), 416.925 and 416.926).
4. After careful consideration of the entire record, the
undersigned finds that the claimant has the physical residual
functional capacity to perform light work as defined in 20
CFR 416.967(b). The claimant retains the mental residual
functional capacity to perform unskilled, simple and routine
tasks, a small number of tasks, in a relatively unchanging
work setting and work process which do not require a fast
pace. As to social interactions, she is not able to interact
with the general public. She can interact with others as long
as it is not on more than a brief and superficial basis. It
is best that she work with things and not with people or
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on March 29, 1983, and was 27 years
old, which is defined as a younger individual age 18-49, on
the date the application was filed (20 CFR 416.963).
7. The claimant has at least a high school education and is
able to communicate in English (20 CFR 416.964).
8. Transferability of job skills is not an issue because the
claimant does not have past relevant work (20 CFR 416.968).
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 (20 CFR 416.969 and
10. The claimant has not been under a disability, as defined
in the Social Security Act, since November 16, 2010, the date