United States District Court, N.D. Indiana, Hammond Division
RAMIRO E. HERNANDEZ, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Ramiro E. Hernandez, and Plaintiff's Brief in
Support of Reversing the Decision of the Commissioner of
Social Security [DE 20], filed May 18, 2018. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On June 11,
2018, the Commissioner filed a response, and on July 16,
2018, Plaintiff filed a reply. For the following reasons, the
Court grants Plaintiff's request for remand.
September 10, 2013, Plaintiff filed an application for
benefits alleging disability beginning September 1, 2013.
Plaintiff's application was denied initially and upon
reconsideration. On November 16, 2016, Administrative Law
Judge (“ALJ”) Edward Kristof held a hearing at
which Plaintiff, with counsel, and a vocational expert
(“VE”) testified. On December 28, 2016, the ALJ
issued a decision 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 September 10, 2013, the application date.
2. The claimant has the following severe impairments:
schizophrenia and an affective 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
4. The claimant has the residual functional capacity to
perform a full range of work at all exertional levels but
with several non-exertional limitations. Specifically, the
claimant is able to understand, remember and carry out
unskilled tasks. He is able to relate on at least a
superficial and ongoing basis with co-workers and
supervisors, but is to have no interaction with the public as
part of his job duties. The claimant is able to attend to
tasks for sufficient periods of time to complete such tasks
and is able to manage the stresses involved with simple work.
In addition, he is to avoid unprotected heights, moving
machinery, and other workplace hazards. Last, he is never to
operate a motor vehicle as part of job duties.
5. The claimant is capable of performing past relevant work
as a machine packager. This work does not require the
performance of work-related activities precluded by the
claimant's residential functional capacity.
6. The claimant has not been under a disability, as defined
in the Social Security Act, since September 10, 2013, the
date the application was filed.
Appeals Council denied Plaintiff's request for review,
leaving the ALJ's decision the final decision of the
parties filed forms of consent to have this case assigned to
a United States Magistrate Judge to conduct all further
proceedings and to order the entry of a final judgment in
this Court has jurisdiction to decide this case pursuant to
28 U.S.C. § ...