United States District Court, N.D. Indiana, Hammond Division
DONNA M. BEAVER, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE UNITED STATES DISTRICT COURT
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Donna M. Beaver on August 30, 2017, and
Plaintiff's Brief in Support of Reversing the Decision of
the Commissioner of Social Security [DE 16], filed on
February 12, 2018. Plaintiff requests that the decision of
the Administrative Law Judge be reversed and remanded for
further proceedings. On March 15, 2018, the Commissioner
filed a response, and on April 6, 2018, Plaintiff filed a
2, 2010, Plaintiff filed an application for benefits alleging
that she became disabled on July 28, 2018. On March 17, 2015,
Administrative Law Judge (“ALJ”) Romona Scales
issued a decision finding that Plaintiff was not disabled,
and Plaintiff appealed the decision. On September 26, 2014,
this Court issued an opinion and order reversing and
remanding the ALJ's decision, and the Appeals Council
remanded the matter to the ALJ. On April 7, 2015, ALJ William
E. Sampson held a hearing at which Plaintiff, with an
attorney representative, and a vocational expert
(“VE”) testified. On March 9, 2016, the ALJ
issued a second decision finding that Plaintiff was not
made the following findings under the required five-step
1. The claimant meets the insured status requirements of the
Social Security Act through March 31, 2015.
2. The claimant engaged in substantial gainful activity from
November 2013 through September 2014.
3. As there has been a continuous 12-month period(s) during
which the claimant did not engage in substantial gainful
activity, the findings address the period(s) the claimant did
not engage in substantial gainful activity.
4. The claimant has the following severe impairments:
degenerative disc disease; lupus/Sjogren's Syndrome, and
chronic obstructive pulmonary disease (COPD).
5. The claimant does 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,
6. After careful consideration of the entire record, the
undersigned finds that the claimant has the residual
functional capacity (“RFC”) to lift and/or carry
20 pounds occasionally, and 10 pounds frequently; sit for 6
hours in an 8 hour work day; and stand and/or walk 6 hours in
an 8 hour work day. The claimant should not climb ropes,
ladders, or scaffolds; but can occasionally climb ramps and
stairs; and occasionally balance, stoop, kneel, crouch, and
crawl. She should avoid concentrated exposure to extremes of
heat and cold, as well as breathing irritants such as fumes,
odors, dusts and gases; and hazards, such as dangerous moving
machinery and unprotected heights.
7. The claimant is capable of performing past relevant work
as a district manager and clerk. This work does not require
the performance of work-related activities precluded by the
claimant's residual functional capacity.
8. The claimant has not been under a disability, as defined
in the Social Security Act, from July 28, 2008, through the
date of this decision.
Appeals Councils denied Plaintiff's request for review,
leaving the ALJ's decision the ...