United States District Court, N.D. Indiana, Hammond Division
THERESA A. BODO, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Theresa A. Bodo on January 23, 2017, and
Plaintiff's Brief in Support of Reversing the Decision of
the Commissioner of Social Security [DE 16], filed by
Plaintiff on June 30, 2017. Plaintiff requests that the
decision of the Administrative Law Judge be reversed and
remanded for further proceedings. On September 8, 2017, the
Commissioner filed a response, and on September 20, 2017,
Plaintiff filed a reply. For the following reasons, the Court
grants Plaintiff's request for remand.
5, 2013, Plaintiff filed an application for supplemental
security income benefits alleging that she was disabled
starting on or before her application date. Plaintiff's
application was denied initially and upon reconsideration. On
May 4, 2015, Administrative Law Judge (“ALJ”)
Michael Carr held a hearing at which Plaintiff, with an
attorney, and a vocational expert (“VE”)
testified. On May 18, 2015, the ALJ issued a decision finding
that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant did not engage in substantial gainful
activity during the period from her application date of July
5, 2013 through the date of the ALJ's decision.
2. The claimant had the severe impairments of anxiety,
borderline intellectual functioning, dysthymic disorder, and
degenerative disc disease of the thoraco-lumbar and cervical
3. The claimant did not have an impairment or combination of
impairments that met or medically equaled the severity of one
the listed impairments in 20 C.F.R. 404, Subpart P, Appendix
4. The claimant had the residual functional capacity to lift
and carry up to 20 pounds occasionally and 10 pounds
frequently, to stand and/or walk for 6 hours in an 8-hour
workday and sit for 6 hours in an 8-hour workday, to
push/pull as much as she can lift/carry; to frequently
balance, stoop, kneel, crouch, and crawl; and to frequently
climb ramps and stairs and occasionally climb ladders, ropes,
or scaffolds. With regard to understanding, remembering, and
carrying out instructions, she was limited to performing
simple, routine, and repetitive task (due to intellectual
problems) and, with regard to both using judgment and dealing
with changes in work setting, the claimant she was limited to
simple work-related decisions. In terms of the ability to
respond appropriately to supervision, coworkers, and work
situations, she could tolerate occasional contact with
supervisors, coworkers, and the general public.
5. The claimant had no past relevant work.
6. The claimant was a younger individual age 18-49 on the
date she filed her application.
7. The claimant had a limited education and was able to
communicate in English.
8. Transferability of job skills was not material because the
claimant had no past relevant work.
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there were jobs
that existed in significant numbers in the national ...