United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Danielle Marie Turner on February 22, 2017, and
Plaintiff's Opening Brief [DE 15], filed by Plaintiff on
June 19, 2017. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On July 18, 2017, the Commissioner filed a
response, and on August 11, 2017, Plaintiff filed a reply.
For the following reasons, the Court grants Plaintiff's
request for remand.
29, 2013, Plaintiff filed an application for benefits
alleging that she became disabled on April 9, 2012.
Plaintiff's application was denied initially and upon
reconsideration. After a hearing on June 3, 2015, at which
Plaintiff, with an attorney, and a vocational expert
(“VE”) testified, Administrative Law Judge
(“ALJ”) Margaret Carey issued a decision on June
26, 2015, finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant met the insured status requirements of the
Social Security Act through December 31, 2017.
2. The claimant has not engaged in substantial gainful
activity since April 9, 2012, the alleged onset date.
3. The claimant has severe impairments: affective disorders
(depression, bipolar), anxiety disorders (posttraumatic
stress disorder (PTSD), anxiety), a personality disorder, and
status post fractures of her feet and ankle.
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one the listed impairments in 20 CFR 404, Subpart P, Appendix
5. The claimant has the residual functional capacity
(“RFC”) to perform light work as defined in 20
CFR 404.1567(b) except: she can occasionally climb ramps and
stairs, but she can never crawl or climb ladders, ropes, or
scaffolds. The claimant cannot have any exposure to
unprotected heights, moving mechanical parts, or slippery wet
surfaces, and only occasional exposure to vibration and
wetness. She is further limited to simple, routine task
involving only simple work-related decisions, and requiring a
break every two hours that can be accommodated by normal
breaks and lunch. She is also limited to no interaction with
the public, only occasional interaction with coworkers with
no tandem tasks, and only occasional interaction with
6. The claimant is unable to perform any past relevant work.
7. The claimant was a younger individual age 18-49 on the
alleged disability onset date.
8. The claimant has at least a high school education and is
able to communicate in English.
9. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled, ” ...