United States District Court, N.D. Indiana, Fort Wayne Division
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. §1383. 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 SSI 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 no 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 August 30, 2013, the application date (20 CFR
416.971 et seq.).
2. The claimant has the following severe impairments: lumbar
degenerative disc disease (DDD) with osteoarthritis and
chronic joint pain, obesity, anxiety/panic disorder and
depression (Exhibits 2F to 20F)(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 residual
functional capacity to perform light work as defined in 20
CFR 416.967(b) with standing and or walking four out of eight
hours and sitting six out of eight hours with additional
limitations as follows: The individual is able to sit for 20
minutes at one time, and then must stand for five minutes,
and able to stand for 15 minutes at one time, and then must
sit for five minutes, while remaining on task and at the
workstation when standing or sitting. Individual is also
limited to occasional climbing of ramps and stairs, as well
as ladders, ropes or scaffolds, occasional kneeling,
crouching, crawling and working on uneven flooring or a
flooring that otherwise requires balance. Further limitation
includes only occasional and superficial contact and
interaction with co-workers. Individual could also have only
occasional and superficial contact with the general public
and would not be able to perform a job that entailed
work-related interaction and conversation with the general
public. Individual is precluded from work that entails giving
presentations or instructions to co-workers or other groups
of individuals and the individual cannot work in an
environment that contains a large number of people, defined
as 50 or more. Finally, while able to interact and converse
with supervisors long enough to receive work instruction, the
individual can only work a job that otherwise involves
occasional and superficial interaction with supervisors.
5. The claimant has no past relevant work (20 CFR 416.965).
6. The claimant was born on April 13, 1984, and was 29 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 ...