Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Kinas v. Berryhill

United States District Court, N.D. Indiana, South Bend Division

March 12, 2018

JENNIFER ANNE KINAS, Plaintiff
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant

          OPINION AND ORDER

          Robert L. Miller, Jr. Judge

         Jennifer Kinas seeks judicial review of the final decision of the Commissioner of Social Security denying her application for disability insurance benefits under the Social Security Act, 42 U.S.C. § 423. The court has jurisdiction over this action pursuant to 42 U.S.C. § 405(g). For the reasons that follow, the court remands this case for further proceedings.

         Mrs. Kinas asserts disability as of January 31, 2013. The ALJ found that:

         (1) Mrs. Kinas has insured status through December 31, 2018;

         (2) Mrs. Kinas didn't engage in substantial gainful activity from January 31, 2013, the alleged onset date, through the date of the ALJ's decision;

         (3) Mrs. Kinas had severe impairments including a triple negative breast cancer of the left breast, status post lumpectomy; right shoulder bursitis; neuropathy of the hands and feet; and anxiety. Her urinary frequency wasn't a severe impairment;

         (4) Mrs. Kinas didn't have an impairment or combination of impairments that meets or medically equals the severity of any of the impairments listed in 20 C.F.R. Part 404, Subpart P, Appendix 1;

         (5) Evaluating Mrs. Kinas's mental functioning using the "paragraph B" criteria, the ALJ found Mrs. Kinas had:

a) Mild limitations in activities of daily living;
b) Mild limitations in social functioning;
c) Moderate limitations in concentration, persistence or pace; and
d) No episodes of decompensation (Mrs. Kinas has insured status through December 31, 2018;

         (6) Mrs. Kinas didn't engage in substantial gainful activity from January 31, 2013, the alleged onset date, through the date of the ALJ's decision;

         (7) Mrs. Kinas had the residual functional capacity to perform light work as defined in 20 C.F.R. § 404.1567(b) "except that she can lift up to 20 pounds occasionally and up to 10 pounds frequently. She can stand and/or walk about 6 hours and sit up to 6 hours in an 8-hour workday. She can sit and/or stand if not taken off task. She can occasionally climb ladders, ropes, scaffolds, ramps, stairs, balance, and stoop, kneel, crouch or crawl. The claimant can reach forward and to the side, with the bilateral upper extremities occasionally. She can occasionally reach overhead with the bilateral upper extremities. The claimant can push and/or pull with the bilateral upper extremities occasionally. The claimant can occasionally handle and finger with the bilateral upper extremities. The claimant can occasionally operate foot controls with the bilateral lower extremities. The claimant is limited to simple, routine and repetitive tasks, but she is unable to perform work that would require directing others, abstract thought or planning, and which would involve only simple work related decisions and routine workplace ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.