United States District Court, N.D. Indiana, Hammond Division
MARY M. CHORBA, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, performing the duties and functions not reserved to the Commissioner of Social Security, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Mary Chorba on April 4, 2017, and an Opening Brief
[DE 12], filed by Plaintiff on August 4, 2017. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On September
15, 2017, the Commissioner filed a response, and on October
14, 2017, Plaintiff filed a reply. For the following reasons,
the Court grants Plaintiff's request for remand.
about April 18, 2013, Plaintiff filed an application for
disability insurance benefits alleging that she was disabled
starting on November 30, 2011. Plaintiff's application
was denied initially and upon reconsideration. On May 20,
2015, Administrative Law Judge (“ALJ”) Dennis R.
Kramer held a hearing at which Plaintiff, represented by an
attorney, appeared and testified. Plaintiff's husband,
two medical experts, and a vocational expert (the
“VE”) also testified. On June 22, 2015, the ALJ
issued a decision finding that Plaintiff was not disabled
within her insured period, and therefore was ineligible for
made the following findings under the required five-step
1. The claimant last met the insured status requirements of
the Social Security Act (the “Act”) on March 31,
2. The claimant did not engage in substantial gainful
activity from her alleged onset date of November 11, 2011,
through her date last insured of March 31, 2012.
3. As of her date last insured, the claimant had the severe
impairments of mild dementia, probable Huntington's
disease (which was later confirmed by genetic testing),
asthma, major depressive disorder, and anxiety.
4. 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
5. The claimant had the residual functional capacity to lift
and carry up to 20 pounds occasionally and 10 pounds
frequently; to sit, stand and/or walk for 2 hours at a time
for a total of up to 6 hours each in an 8-hour workday; to
frequently reach, handle, finger, feel, push, and pull
bilaterally; to frequently climb ramps and stairs (but never
ladders or scaffolds), balance, stoop, kneel, crouch, and
crawl; and to occasionally operate a motor vehicle. She could
tolerate an environment with loud noise; frequent exposure to
vibrations, occasional exposure to humidity, wetness, dust,
odors, fumes, and pulmonary irritants, but no exposure to
unprotected heights and moving mechanical parts. She was
limited to simple, routine and repetitive tasks; should could
understand, remember, and carry out simple instructions and
make judgments on simple work-related decisions; she could
respond to usual work situations and to changes in a routine
work setting; and she could respond appropriately to
co-workers, supervisors, and the public. She was unable to
perform production rate work but could have an end-of-day
production quota. She was limited to work environments with
limited distractions caused by people walking by.
6. The claimant had no past relevant work.
7. The claimant was 53 years old, which is defined as an
individual closely approaching advanced age, on the date last
8. The claimant had at least a high school education and was
able to communicate in English.
9. Transferability of job skills was not material because the
claimant had no ...