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 Elaine Whatley for her minor child M.W. on April
27, 2017, and Plaintiff's Opening Social Security Brief
[DE 15], filed October 2, 2017. Plaintiff requests that the
decision of the Administrative Law Judge be reversed and
remanded for further proceedings. On October 30, 2017, the
Commissioner filed a response, and on November 27, 2017,
Plaintiff filed a reply. For the following reasons, the Court
grants Plaintiff's request for remand.
earlier decision dated August 29, 2005, Plaintiff was found
to be disabled as of May 1, 2005, and on May 10, 2012, it was
found that the now-eleven-year-old was no longer disabled as
of May 1, 2012. Plaintiff requested a hearing, and on March
26, 2015, Administrative Law Judge (“ALJ”) John
K. Kraybill held a video hearing at which Plaintiff,
Plaintiff's mother, a medical expert (“ME”),
and a vocational expert (“VE”) testified. On June
8, 2015, the ALJ issued a decision finding that Plaintiff was
made the following findings:
1. The most recent favorable medical decision finding that
the claimant was disabled is the decision dated August 29,
2005. This is known as the “comparison point
decision” or CPD.
2. At the time of the CPD, the claimant had the following
medically determinable impairments: speech and language
delays, ADHD, learning difficulties, mild mental retardation,
and conduct disorder. These impairments were found to
functionally equal the listings. (20 CFR 416.954(d) and
3. Medical improvement occurred as of May 1, 2012.
4. The claimant is currently a school-age child.
5. Since May 1, 2012, the impairments that the claimant had
at the time of the CPD have not functionally equaled the
Listings of Impairments.
6. The medical and other evidence establish that the claimant
did not have an impairment at the CPD that was cot considered
at that time and has not developed any additional impairments
subsequent to the CPD.
7. Since May 1, 2012, the claimant has not had an impairment
or combination of impairments that meets or medically equals
one of the listed impariments in 20 CFR Part 404, Subpart P,
8. Since May 1, 2012, the claimant has not had an impairment
or combination of impairments that functionally equals the
9. The claimant's disability ended as of May 1, 2012, and
the claimant has not become disabled ...