United States District Court, N.D. Indiana, Hammond Division
NICOLE C. HENDERSON, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
OPINION AND ORDER
MAGISTRATE JUDGE JOHN E. MARTIN UNITED STATES DISTRICT COURT
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Nicole C. Henderson on February 21, 2018, and an
Opening Brief [DE 15], filed June 28, 2018. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On July 12,
2018, the Commissioner filed a response, and on September 10,
2018, Plaintiff filed a reply.
25, 2014, Plaintiff filed an application for benefits
alleging that she became disabled on July 30, 2013.
Plaintiff's application was denied initially and upon
reconsideration. On February 15, 2017, Administrative Law
Judge (“ALJ”) Michelle Whetsel held a hearing at
which Plaintiff, with an attorney representative, and a
vocational expert (“VE”) testified. On March 22,
2017, the ALJ issued a decision finding that Plaintiff was
made the following findings under the required five-step
1. The claimant has not engaged in substantial gainful
activity since June 25, 2014, the application date.
2. The claimant has the following severe impairments:
anxiety, depression, bipolar disorder, posttraumatic stress
disorder (PTSD), hypothyroidism, and borderline diabetes.
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 to
perform a full range of medium work, as that term is
described in 20 CRF 416.967(c) except that: she can
frequently climb ramps, stairs, ladders, ropes, or scaffolds,
and can frequently balance, stoop, kneel, crouch and crawl;
she can remember and follow simple, but not detailed,
instructions; she can perform assigned tasks, but not always
at a production rate pace, but can meet the end of day work
goals; she can have occasional contact with coworkers,
supervisors, and the general public; and she can occasionally
adapt to rapid changes in the workplace.
5. The claimant is unable to perform any past relevant work.
6. The claimant was 35 years old, which is defined as a
younger individual age 18-49, on the date the application was
7. The claimant has at least a high school education and is
able to communicate in English.
8. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled, ” whether or
not the claimant has transferable job skills.
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national ...