United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN UNITED STATES DISTRICT COURT
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.
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.
made the following findings under the required five-step
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
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 ...