United States District Court, N.D. Indiana, Hammond Division, Lafayette
OPINION AND ORDER
R. CHERRY MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Denise Diane Kampersal on October 5, 2016, and
Plaintiff's Brief in Support of Complaint [DE 16], filed
by Plaintiff on January 11, 2017. Plaintiff requests that the
March 30, 2015 decision of the Administrative Law Judge
denying her claim for disability insurance benefits and
disabled widow's benefits be reversed and remanded for
further proceedings. On April 24, 2017, the Commissioner
filed a response, and Plaintiff filed a reply on May 8, 2017.
For the following reasons, the Court grants Plaintiff's
request for remand.
filed her initial applications for a period of disability,
disability insurance benefits, and disabled widow's
benefits on April 30, 2013, alleging disability beginning
February 15, 2013. The claims were denied initially and on
reconsideration, and she requested a hearing, which was held
before Administrative Law Judge (ALJ) Paul R. Armstrong on
March 26, 2015. On March 30, 2015, the ALJ issued an
unfavorable decision, making the following findings:
1. The claimant meets the insured status requirements of the
Social Security Act through March 30, 2017.
2. It was previously found that the claimant is the unmarried
widow of the deceased insured worker and has attained the age
of 50. The claimant met the non-disability requirements for
disabled widow's benefits set forth in section 202(e) of
the Social Security Act.
3. The prescribed period ends on February 28, 2018.
4. The claimant has not engaged in substantial gainful
activity since February 15, 2013, the alleged onset
5. The claimant has the following severe impairment:
degenerative disc disease.
6. 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,
7. 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 404.1567(b) where the claimant lifts or carries 20 pounds
occasionally and 10 pounds frequently, stands or walks for
six of eight hours during the workday, and sits for six of
eight hours during the workday.
8. The claimant is capable of performing past relevant work
as a police dispatcher, youth care specialist, and
clerk. This work does not require the performance
of work-related activities precluded by the claimant's
residual functional capacity.
9. The claimant has not been under a disability, as defined
in the Social Security Act, from February 15, 2013, through
the date of this decision.
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
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
this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C.