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 June 6, 2017, and Plaintiff's Brief in
Support of His Motion to Reverse the Decision of the
Commissioner of Social Security [DE 14], filed on October 12,
2017. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On November 9, 2017, the Commissioner filed a
response, and Plaintiff replied on December 1, 2017.
December 24, 2013, Plaintiff filed an application for
benefits alleging that he became disabled on January 31,
2013. Plaintiff's application was denied initially and
upon reconsideration. On April 12, 2016, Administrative Law
Judge (“ALJ”) William E. Sampson held a video
hearing at which Plaintiff, with an attorney, Plaintiff's
mother, and a vocational expert (“VE”) testified.
On May 2, 2016, the ALJ issued a decision finding that
Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant has not engaged in substantial gainful
activity since December 24, 2013, the application date.
2. The claimant has the following severe impairments:
hypertension, diabetes mellitus, obstructive sleep apnea,
obesity, and borderline intellectual functioning.
3. The claimant does not have an impairment or combination of
impairments that met or medically equalled any of the listed
impairments in 20 CFR 404, Subpart P, Appendix 1.
4. The claimant has the residual functional capacity to
perform light work except that he can lift and carry twenty
pounds occasionally and ten pounds frequently. The claimant
can sit for six hours and stand and/or walk for six hours for
a total of eight hours in a workday, with normal breaks, The
claimant can occasionally climb stairs and ramps, but cannot
climb ladders, ropes, and scaffolds. The claimant can
occasionally balance, stoop, kneel, crouch, and crawl. The
claimant must avoid concentrated exposure to extremes of heat
and cold. The claimant is limited to simple, routine, and
repetitive tasks with no production pace work 7. The claimant
has no past relevant work.
8. The claimant was 45 years old, defined as a younger
individual age 18-49, on the date the application was filed.
9. The claimant has at a limited education and is able to
communicate in English.
10. Transferability of job skills is not an issue because the
claimant does not have past relevant work.
11. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national economy
that the claimant can perform.
12. The claimant has not been under a disability, as defined
in the Social Security Act, since December 24, 2013, the date