United States District Court, N.D. Indiana, Hammond Division
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Roy Bothwell, and Plaintiff's Brief in Support
of Reversing the Decision of the Commissioner of Social
Security [DE 17], filed June 27, 2018. Plaintiff requests
that the decision of the Administrative Law Judge be reversed
and remanded for further proceedings. On September 26, 2018,
the Commissioner filed a response, and on October 8, 2018,
Plaintiff filed a reply. For the following reasons, the Court
grants Plaintiff's request for remand.
March 24, 2005, Plaintiff was found to be disabled and
entitled to disability benefits. On March 19, 2012, the
agency determined that Plaintiff was no longer disabled or
entitled to benefits. Plaintiff requested reconsideration,
but was denied. On September 11, 2013, Administrative Law
Judge (“ALJ”) Henry Kramzyk issued a decision
denying benefits, and the Appeals Council denied review. On
October 1, 2015, this Court issued an opinion and order
reversing and remanding the ALJ's decision. On August 19,
2016, Administrative Law Judge William E. Sampson held a
hearing at which Plaintiff, with an attorney, an impartial
medical expert, and a vocational expert (“VE”)
testified. On November 16, 2016, the ALJ issued a decision
finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The most recent favorable medical decision finding that
the claimant was disabled is the decision dated March 24,
2005. This is known as the “comparison point
decision” or CPD.
2. At the time of the CPD, the claimant had the following
medically determinable impairments: multiple sclerosis and
narcolepsy. These impairments were found to medically equal
section(s) 11.09 of 20 CFR Part 404, Subpart P, Appendix 1.
3. Through March 19, 2012, the date the claimant's
disability ended, the claimant did not engage in substantial
4. The medical evidence establishes that, as of March 19,
2012, the claimant had the following medically determinable
impairments: multiple sclerosis, osteoarthritis of the left
hip, pars defect of the lumbar spine, degenerative disc
disease, attention deficit hyperactive disorder (ADHD) and
5. Since March 19, 2012, the claimant did not have an
impairment or combination of impairments which met or
medically equaled the severity of an impairment listed in 20
CFR Part 404, Subpart P, Appendix 1.
6. Medical improvement occurred as of March 19, 2012.
7. The medical improvement is related to the ability to work
because, as of March 19, 2012, the claimant's CPD
impairment(s) no longer met or medically equaled the same
listing(s) that was equaled at the time of the CPD.
8. As of March 19, 2012, the claimant continued to have a
severe impairment or combination of impairments.
9. Based on the impairments present as of March 19, 2012, the
claimant had the residual functional capacity to perform
light work as defined in 20 CFR 404.1567(a) as the claimant
is able to sit, stand and/or walk for six hours in an eight
hour workday, except: the claimant requires a sit/stand
option that allows him to alternate between sitting and
standing every 30 minutes, is able to lift and/or carry 10
pounds maximum, is unable to climb ladders, ropes or
scaffolds, crouch, kneel or crawl, may occasionally climb
ramps and stairs, bend and twist, balance and stoop and must
avoid even occasional exposure to extreme heat, hazards such