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McClure v. Berryhill

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

September 4, 2018

D'ANGELO S. MCCLURE, 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 D'Angelo S. McClure on August 23, 2017, and Plaintiff's Opening Brief [DE 15], filed by Plaintiff on December 29, 2017. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for benefits or further proceedings. On February 8, 2018, the Commissioner filed a response, and on February 22, 2018, Plaintiff filed a reply.

         I. Procedural Background

         On October 8, 2013, Plaintiff filed an application for benefits alleging that he became disabled on August 29, 2013. Plaintiff's application was denied initially and upon reconsideration. On June 29, 2016, Administrative Law Judge (“ALJ”) Howard Kauffman held a video hearing at which Plaintiff, with an attorney representative, and a vocational expert testified. On July 22, 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 meets the insured status requirements of the Social Security Act through September 30, 2016.
2. The claimant has not engaged in substantial gainful activity since August 29, 2013, the alleged onset date.
3. The claimant has the following severe impairments: deep vein thrombosis, history of pulmonary embolism, Olliers Disease, and obesity.
4. The claimant does not have an impairment or combination of impairments that meets or medically equals any of the listed impairments in 20 CFR 404, Subpart P, Appendix 1.
5. After careful consideration of the entire record, the undersigned finds that the claimant has the residential functional capacity (“RFC”) to perform light work as defined in 20 CFR 404.1567(b) and 416.967(b) where the claimant can lift and/or carry 20 pounds occasionally, and 10 pounds frequently, can sit up to six hours of an eight-hour workday, and can stand and/or walk up to six hours of an eight-hour workday. The claimant can occasionally climb ramps and stairs, and must avoid climbing ladders, ropes, and scaffolds. The claimant can occasionally balance, stoop, kneel, crouch, and crawl. The claimant must avoid more than moderate exposure to fumes, odors, dusts, and gases, and poor ventilation.
6. The claimant has no past relevant work.
7. The claimant was 24 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date.
8. The claimant has at least a high school education and is able to communicate in English.
9. Transferability of job skills is not an issue because the claimant does not have ...

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