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Kampersal v. Berryhill

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

March 7, 2018

DENISE DIANE KAMPERSAL, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.

          OPINION AND ORDER

          PAUL R. CHERRY MAGISTRATE JUDGE

         This 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.

         PROCEDURAL BACKGROUND

         Plaintiff 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 date.[1]
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, Appendix 1.
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.[2] 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.

(AR 21-28).

         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 this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C. § 405(g).

         STANDARD ...


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