Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Jackson v. Berryhill

United States District Court, N.D. Indiana, Fort Wayne Division

August 15, 2018

ROBERT A. JACKSON, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.

          OPINION AND ORDER

          MAGISTRATE JUDGE PAUL R. CHERRY UNITED STATES DISTRICT COURT

         This 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.

         BACKGROUND

         Plaintiff 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 vocational expert.

         The ALJ issued a written decision on January 29, 2016, concluding that Plaintiff was not disabled based on the following findings:

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, Appendix 1.
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 perform.
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 decision.

         The 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 ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.