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 Clarettha Youghbor on May 5, 2017, and
Plaintiff's Brief in Support of Reversing the Decision of
the Commissioner of Social Security [DE 13], filed by
Plaintiff on October 25, 2017. Plaintiff requests that the
decision of the Administrative Law Judge be reversed and
remanded for benefits or further proceedings. On November 9,
2017, the Commissioner filed a response, and on December 15,
2017, Plaintiff filed a reply.
November 1, 2013, Plaintiff filed an application for benefits
alleging that she became disabled on June 6, 2013.
Plaintiff's application was denied initially and upon
reconsideration. On October 1, 2015, Administrative Law Judge
(“ALJ”) Joel G. Fina held a video hearing at
which Plaintiff, with an attorney representative, a
vocational expert, and a medical expert testified. On
December 17, 2015, the ALJ issued a decision 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, 2014.
2. The claimant has not engaged in substantial gainful
activity since June 6, 2013, the alleged onset date.
3. The claimant had the following severe impairments:
degenerative disc disease of the cervical spine, degenerative
joint disease of the right shoulder, osteoarthritis of the
right thumb, and obesity.
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals any of the listed
impairments in 20 CFR 404, Subpart P, Appendix 1.
5. The claimant has the residual functional capacity
(“RFC”) to perform light work, except that the
claimant can only lift up to 20 pounds occasionally and 10
pounds frequently, can sit up to six hours of an eight-hour
workday, and can stand and/or walk up to six hours of an
eight-hour workday. The claimant should not kneel, crawl, or
climb ladders, ropes or scaffolds. She can frequently crouch,
stoop, balance, and climb ramps or stairs. The claimant is
limited to frequent reaching, handling (defined as gross
manipulation), and fingering (defined as fine manipulations)
with the right upper extremity. She should avoid concentrated
exposure to large moving machinery, and all exposure to
6. The claimant is unable to perform past relevant work.
7. The claimant was 48 years old, defined as a younger
individual age 18-49, on the alleged disability onset date.
The claimant subsequently changed age category to closely
approaching advanced age.
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 the claimant is
“not disabled, ” whether or not ...