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 on October 26, 2017, and Plaintiff's Brief in
Support of Reversing the Decision of the Commissioner of
Social Security [DE 18], filed July 2, 2018. Plaintiff
requests that the decision of the Administrative Law Judge be
reversed and remanded for further proceedings. On August 16,
2018, the Commissioner filed a response, and on February 26,
2018, Plaintiff filed a reply.
April 7, 2014, Plaintiff filed an application for benefits
alleging that she became disabled on October 1, 2008.
Plaintiff's application was denied initially and upon
reconsideration. On July 25, 2016, Administrative Law Judge
(“ALJ”) Deborah E. Ellis held a video hearing at
which Plaintiff, with an attorney representative, a medical
expert (“ME”) and a vocational expert
(“VE”) testified. On September 28, 2016, the ALJ
issued a decision finding that Plaintiff was not disabled.
The Appeals Council denied Plaintiff's request for
review, leaving the ALJ's decision the final decision of
made the following findings under the required five-step
1. The claimant met the insured status requirements of the
Social Security Act through September 30, 2009.
2. The claimant has not engaged in substantial gainful
activity since October 1, 2008, the alleged onset date.
3. Through the date last insured, the claimant had the
following severe impairments: dysfunction of major joints
(hips), ankylosing spondylitis, and osteitis condensans.
4. The claimant did 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,
5. The claimant had the residual functional capacity to
perform less than the full range of sedentary work. He can
lift/carry 10 pounds occasionally and less than 10 pounds
frequently. He can stand/walk 2 hours in an 8-hour workday.
He can sit 6 hours. He cannot climb ladders, ropes, or
scaffolds. He can occasionally climb ramps or stairs,
balance, stoop, kneel, or crawl. He can push/pull as much as
he can lift/carry. He can occasionally push/pull or operate
foot controls with the lower extremities. He utilizes a cane
to ambulate. He must change positions every 45 minutes if
necessary. As a result, he would be off task a total of up to
15% of the workday. He would be absent from work one day per
6. The claimant is unable to perform any past relevant work.
7. The claimant was 22 years old, which is defined as a
younger individual age 18-44, on the alleged disability onset
8. The claimant has at least a high school education and is
able to communicate in English.
9. Transferability of job skills is not material to the
determination of disability because the claimant is
“not disabled, ” whether or not the ...