United States District Court, N.D. Indiana, Hammond Division
D'ANGELO S. MCCLURE, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN, MAGISTRATE JUDGE
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.
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.
made the following findings under the required five-step
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
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
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 ...