United States District Court, N.D. Indiana, Fort Wayne Division
SCOTT M. EGLY, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.
OPINION AND ORDER
William C. Lee, Judge United States District Court
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) and Supplemental Security
Income (SSI) 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
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
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 meets the insured status requirements of the
Social Security Act through June 30, 2017.
2. The claimant has not engaged in substantial gainful
activity since February 1, 2012, the alleged onset date (20
CFR 404.1571 et seq., and 416.971 et seq.).
3. The claimant has the following severe impairments:
paroxysmal atrial fibrillation with palpitations, left
ventricular hypertrophy, obesity, mild arthritis of the
knees, headaches, history of aortic valve replacement with a
normally functioning bioprosthetic valve/aortic
insufficiency, and reported seizures (20 CFR 404.1520(c) and
4. 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 404.1520(d), 404.1525, 404.1526,
416.920(d), 416.925 and 416.926).
5. 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 404.1567(a) and 416.956(a): that is, the claimant can:
sit six hours in an eight hour workday; stand and/or walk two
hours per eight hour workday; lift, carry, push, and pull 10
pounds occasionally and frequently; occasionally kneel,
crouch, crawl, balance, and squat; and occasionally climb
stairs and ramps 1-2 flights. The claimant cannot climb
ladders, ropes, or scaffolds but he can occasionally bend and
stoop in addition to what is required to sit. The claimant
cannot work within close proximity of exposed and open
heights or within close proximity of open and dangerous
6. The claimant is unable to perform any past relevant work
(20 CFR 404.1565 and 416.965).
7. The claimant was born on September 24, 1981, and was 30
years old which is defined as a younger individual age 18-44,
on the alleged disability onset date (20 CFR 404.1563 and
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564 and 416.964).
9. 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 ...