United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN UNITED STATES DISTRICT COURT MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff on March 27, 2017, and a Memorandum in Support of
Complaint [DE 15], filed by Plaintiff on July 27, 2017.
Plaintiff requests that the decision of the Administrative
Law Judge be reversed and remanded for further proceedings.
On October 10, 2017, the Commissioner filed a response, and
on October 23, 2017, Plaintiff filed a reply.
December 19, 2013, Plaintiff filed an application for
benefits alleging that she became disabled on September 1,
2012. Plaintiff's application was denied initially and
upon reconsideration. On December 17, 2015, Administrative
Law Judge (“ALJ”) Paul R. Armstrong held a video
hearing at which Plaintiff, with an attorney representative,
and a vocational expert (“VE”) testified. On
December 24, 2015, the ALJ issued a decision finding that
Plaintiff was not disabled. The Appeals Council denied
Plaintiff's request for review, leaving the ALJ's
decision the final decision of the Commissioner.
made the following findings under the required five-step
1. The claimant last met the insured status requirements of
the Social Security Act on September 30, 2013.
2. The claimant did not engage in substantial gainful
activity during the period from her alleged onset date of
September 1, 2012, through her date last insured of September
3. Through the date last insured, the claimant had the
following severe impairments: degenerative disc disease and
4. Through the date last insured, the claimant did 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.
5. Through the date last insured, the claimant had the
residual functional capacity to perform light work as defined
in 20 CFR 404.1567(b) where the claimant could lift or carry
20 pounds occasionally and 10 pounds frequently, could stand
or walk for six of eight hours during the workday, and could
sit for six of eight hours during the workday.
6. Through the date last insured, the claimant was unable to
perform any past relevant work.
7. The claimant was 42 years old, which is defined as a
younger individual age 18-49, on the date last insured.
8. The claimant has a limited education and is able to
communicate in English.
9. Transferability of job skills is not material to the
determination of disability because the claimant is
“not disabled, ” whether or not the ...