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Janowski v. Berryhill

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

January 25, 2019

THADDEUS H. JANOWSKI JR., Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.

          OPINION AND ORDER

          MAGISTRATE JOHN E. MARTIN UNITED STATES DISTRICT COURT JUDGE.

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Thaddeus H. Janowski Jr., and Plaintiff's Brief in Support of Reversing the Decision of the Commissioner of Social Security [DE 15], filed March 1, 2018. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On April 12, 2018, the Commissioner filed a response, and on April 27, 2018, Plaintiff filed a reply. For the following reasons, the Court grants Plaintiff's request for remand.

         I. Background

         On June 4, 2014, Plaintiff filed an application for benefits alleging disability beginning October 1, 2013. Plaintiff's application was denied initially and upon reconsideration. On October 20, 2016, Administrative Law Judge (“ALJ”) Karen Sayon held a video hearing at which Plaintiff, with an attorney, and a vocational expert (“VE”) testified. On February 8, 2018, 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 has not engaged in substantial gainful activity since June 4, 2014, the application date.
2. The claimant has the following severe impairments: major depressive disorder and anxiety disorder.
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 to perform a full range of work at all exertional levels but with the following nonexertional limitations: the claimant is limited to simple instructions. He is further limited to routine, repetitive tasks. He should work in a low stress work environment, which is defined as occasional changes in the workplace setting and simple decision making. He should have no fast paced production requirements; no public interaction; and no more than occasional interaction with supervisors and co-workers.
5. The claimant has no past relevant work.
6. The claimant was 52 years old, which is defined as an individual closely approaching advancing age, on the date the application was filed. He is now 55, which is described as an individual of advanced age.
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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