United States District Court, N.D. Indiana, Hammond Division
WILMA J. GASSION, 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 Wilma J. Gassion, and Plaintiff's Opening
Memorandum in Support of Reversing the Decision of the
Commissioner [DE 18], filed June 6, 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 July 25, 2018,
Plaintiff filed a reply. For the following reasons, the Court
grants Plaintiff's request for remand.
October 3, 2014, Plaintiff filed an application for benefits
alleging disability beginning January 5, 2012.
Plaintiff's application was denied initially and upon
reconsideration. On October 20, 2016, Administrative Law
Judge (“ALJ”) Michelle Whetsel held a hearing at
which Plaintiff, with an attorney, and a vocational expert
(“VE”) testified. On April 27, 2017, the ALJ
issued a decision finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant last met insured status requirements of the
Social Security Act on December 31, 2014.
2. The claimant did not engage in substantial gainful
activity during the period of her alleged onset date of
January 5, 2012, through her date last insured of December
3. Through the date last insured, the claimant has the
following severe impairments: degenerative disc disease of
the cervical and lumbar spine, fibromyalgia, degenerative
joint disease of the left knee, arthritis of the right hip,
headaches, and obesity.
4. Through the date last insured, the claimant did not have
an impairment or combination of impairments that met or
medically equaled the severity of one of the listed
impairments in 20 CFR Part 404, Subpart P, Appendix 1.
5. The claimant had the residual functional capacity to
perform light work as defined in 20 CFR 404.1567(b) except
that she could occasionally climb ramps and stairs, but
should never climb ladders, ropes, or scaffolds, but could
occasionally balance and stoop, kneel, crouch or crawl. The
claimant could occasionally operate foot controls and
push/pull with the bilateral lower extremities. She should
avoid concentrated exposure to fumes, dusts, odors, gases and
6. Through the date last insured, the claimant was capable of
performing past relevant work as a payroll clerk and as a
payroll coordinator. This work did not require the
performance of work-related activities precluded by the
claimant's residential functional capacity.
7. The claimant has not been under a disability, as defined
in the Social Security Act, at any time from January 5, 2012,
the alleged onset date, through December 31, 2014, the date
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 case. Therefore, this Court has jurisdiction to decide