United States District Court, N.D. Indiana, Fort Wayne Division
ROBERT A. JACKSON, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
OPINION AND ORDER
MAGISTRATE JUDGE PAUL R. CHERRY UNITED STATES DISTRICT COURT
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Robert A. Jackson on July 14, 2017, and an Opening
Brief of Plaintiff in Social Security Appeal Pursuant to L.R.
7.3 [DE 19], filed by Plaintiff on January 23, 2018.
Plaintiff requests that the January 29, 2016 decision of the
Administrative Law Judge denying his claim for supplemental
security income be reversed and remanded for further
proceedings. On April 3, 2018, the Deputy Commissioner filed
a response, and Plaintiff filed a reply on May 15, 2018. For
the following reasons, the Court grants Plaintiff's
request for remand.
filed an application for supplemental security income on
January 31, 2014. His claim was denied initially and upon
reconsideration. Plaintiff timely requested a hearing, which
was held on November 18, 2015, and presided over by
Administrative Law Judge (ALJ) Daniel Balutis. Present at the
hearing were Plaintiff, his attorney, and an impartial
issued a written decision on January 29, 2016, concluding
that Plaintiff was not disabled based on the following
1. The claimant has not engaged in substantial gainful
activity since January 31, 2014, the application date.
2. The claimant has the following severe impairments:
spondylosis of the lumbar spine, degenerative disc disease of
the thoracic spine, obesity, obstructive sleep apnea (OSA),
chronic obstructive pulmonary disease (COPD), asthma,
depression, generalized anxiety disorder (GAD), a bipolar
disorder and an alcohol use disorder.
3. 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,
4. After careful consideration of the entire record, I find
that the claimant has the residual functional capacity to
perform light work as defined in 20 CFR 416.967(b) except the
claimant can never climb ladders, ropes and scaffolds, but
can occasionally climb ramps and stairs, balance, stoop,
kneel, crouch and crawl. The claimant can have frequent
exposure to unprotected heights, moving mechanical parts,
operating a motor vehicle, weather, humidity/wetness, gas,
odors, fumes and pulmonary irritants, extreme cold, extreme
heat, and vibration. The claimant is further limited to
performing simple routine tasks, making simple work-related
decisions, and frequent contact with supervisors, co-workers
and the public.
5. The claimant is capable of performing past relevant work
as a Product Assembler. This work does not require the
performance of work-related activities precluded by the
claimant's residual functional capacity.
. . .
In the alternative (Step 5), considering the claimant's
age, education, work experience, and residual functional
capacity, there are other jobs that exist in significant
numbers in the national economy that the claimant also can
6. The claimant has not been under a disability, as defined
in the Social Security Act, since May 28, 2013, the date the
application was filed.
(AR 13-22). Plaintiff then sought review before the
Agency's Appeals Council, which denied his request,
leaving the ALJ's decision as the final decision of the
Commissioner. See 20 C.F.R. § 416.1481. On July
14, 2017, Plaintiff filed this civil action pursuant to 42
U.S.C. § 1383(c)(3) for review of the Agency's
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. This Court thus has jurisdiction to decide this