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Berger v. Berryhill

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

September 13, 2018

BRIAN JOSEPH BERGER, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.

          OPINION AND ORDER

          JOHN E. MARTIN UNITED STATES DISTRICT COURT

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Brian Joseph Berger on March 28, 2017, and Memorandum in Opposition to Secretary's Decision Denying Plaintiff's Claim for Benefits and Request for Remand [DE 11], filed by Plaintiff on June 30, 2017. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On August 4, 2017, the Commissioner filed a response, and on August 10, 2017, Plaintiff filed a reply.

         I. Background

         On October 27, 2013, Plaintiff filed an application for benefits alleging that he became disabled on November 30, 2005. Plaintiff's application was denied initially and upon reconsideration. After a hearing on March 4, 2016, at which Plaintiff with an attorney, Plaintiff's father, a behavioral therapist, and a vocational expert (“VE”) testified, Administrative Law Judge (“ALJ”) William E. Sampson issued a decision on March 23, 2016, 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 October 27, 2013, the application date.
2. The claimant has severe impairments: Attention Deficit Hyperactivity Disorder (ADHD) and autism.
3. The claimant does not have an impairment or combination of impairments that meets or medically equals the severity of one the listed impairments in 20 CFR 404, Subpart P, Appendix 1.
4. The claimant has the residual functional capacity (“RFC”) to perform a full range of work at all exertional levels with the following non-exertional limitations: the claimant can perform simple, routine and repetitive tasks on a flexible pace. He is limited to only occasional interactions with coworkers and supervisors, and he is to avoid all interactions with the public.
5. The claimant has no past relevant work.
6. The claimant was a younger individual age 18-49 on the date the application was filed.
7. The claimant has at least a high school education and is able to communicate in English.
8. Transferability of job skills is not an issue because the claimant does not have past relevant work.
9. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national ...

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