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Manns v. Berryhill

United States District Court, N.D. Indiana, Hammond Division

August 27, 2018

RONNIE MANNS, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.

          OPINION AND ORDER

          JOHN E. MARTIN MAGISTRATE JUDGE

         This 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.

         I. Background

         On 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.

         The ALJ made the following findings under the required five-step analysis:

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 ...

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