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 on March 27, 2017, and Plaintiff's Brief in
Support of Reversing the Decision of the Commissioner of
Social Security [DE 18], filed on December 1, 2017. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On January 12,
2018, the Commissioner filed a response, and on February 5,
2018, Plaintiff filed a reply. For the following reasons, the
Court grants Plaintiff's request for remand.
October 1, 2013, Plaintiff filed an application for benefits
alleging that he became disabled on July 1, 2013.
Plaintiff's application was denied initially and upon
reconsideration. On August 24, 2015, Administrative Law Judge
(“ALJ”) Kevin Plunkett held a hearing at which
Plaintiff, with an attorney representative, and a vocational
expert (“VE”) testified. On October 9, 2015, the
ALJ issued a decision finding that Plaintiff was not
disabled. The Appeals Council denied Plaintiff's request
for review, leaving the ALJ's decision the final decision
of the Commissioner.
made the following findings under the required five-step
1. The claimant met the insured status requirements of the
Social Security Act through September 30, 2017.
2. The claimant has not engaged in substantial gainful
activity since July 1, 2013, the alleged onset date.
3. The claimant has the following severe impairment: multiple
4. 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,
5. The claimant has the residual functional capacity to
perform light work as defined in 20 CFR 404.1567(b) and
461.967(b), lifting and/or carrying twenty pounds
occasionally and ten pounds frequently. The claimant is able
to engage in sitting, standing, or walking for six hours
each. The claimant can push and/or pull as much as he can
lift and/or carry. The claimant can occasionally feel with
his right and left upper extremities. The claimant can
occasionally climb ramps and stairs, but never climb ladders,
ropes, or scaffolds The claimant can occasionally balance,
crouch, crawl, and kneel. The claimant can never be exposed
to unprotected heights or moving mechanical parts. The
claimant can never operate a motor vehicle.
6. The claimant is capable of performing past relevant work
as a bodyguard and security guard. This work does not require
the performance of work-related activities precluded by the
claimant's residual functional capacity.
7. The claimant has not been under a disability from July 1,
2013, through the date of the decision.
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.