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Granquist v. Berryhill

United States District Court, N.D. Indiana, Hammond Division

December 22, 2017

JAMES W. GRANQUIST, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant.

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff James W. Granquist on September 14, 2016, and Plaintiff's Brief in Support of Reversing the Decision of the Commissioner of Social Security [DE 12], filed on February 23, 2017. The Commissioner filed a response on May 8, 2017, and Plaintiff filed a reply on June 5, 2017. Plaintiff challenges the Social Security Administration's determination that he is not disabled under the Social Security Act.

         PROCEDURAL BACKGROUND

         Plaintiff filed his initial applications for a period of disability and disability insurance benefits on July 11, 2013, alleging disability beginning January 2, 2001. The claim was denied initially and on reconsideration, and he requested a hearing, which was held before Administrative Law Judge (ALJ) Dennis M. Matulewicz on December 2, 2015. On December 18, 2015, the ALJ issued an unfavorable decision, making the following findings:

1. The claimant last met the insured status requirements of the Social Security Act on December 31, 2005.
2. The claimant did not engage in substantial gainful activity during the period from his alleged onset date of January 2, 2001[, ] through his date last insured of December 31, 2005.
3. Through the date last insured, the claimant had the following severe impairment: bilateral congenital hearing loss.
4. Through the date last insured, the claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1.
5. After careful consideration of the entire record, the undersigned finds that, through the date last insured, the claimant had the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations: he should never work with hazards including dangerous/unprotected machinery or work at unprotected heights and no jobs requiring verbal skills.
6. Through the date last insured, the claimant was capable of performing past relevant work as a construction laborer. This work did not require the performance of work-related activities precluded by the claimant's residual functional capacity.
7. The claimant was not under a disability, as defined in the Social Security Act, at any time from January 2, 2001, the alleged onset date, through December 31, 2005, the date last insured.

(AR 22-25).

         The Appeals Council denied Plaintiff's request for review, leaving the ALJ's decision the final decision of the Commissioner. See 20 C.F.R. § 404.981. Plaintiff filed this civil action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of the Agency's decision.

         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 ...


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