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Hayes v. Berryhill

United States District Court, N.D. Indiana, Hammond Division

March 7, 2019

KAREN ANN HAYES, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.

          OPINION AND ORDER

          JOHN E. MARTIN MAGISTRATE JUDGE

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Karen Ann Hayes, and Plaintiff's Brief in Support of Her Motion to Reverse the Decision of the Commissioner of Social Security [DE 17], filed August 20, 2018. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On October 15, 2018, the Commissioner filed a response, and on November 15, 2018, Plaintiff filed a reply. For the following reasons, the Court grants Plaintiff's request for remand.

         I. Background

         On November 17, 2014, Plaintiff filed an application for benefits alleging disability beginning October 16, 2013. Plaintiff's application was denied initially and upon reconsideration. On October 20, 2016, Administrative Law Judge (“ALJ”) Kathleen Kadlec held a video hearing at which Plaintiff, with counsel, and a vocational expert (“VE”) testified. On January 11, 2017, the ALJ issued a decision finding that Plaintiff was not disabled.

         The ALJ made the following findings under the required five-step analysis:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2018.
2. The claimant has not engaged in substantial gainful activity since October 16, 2013, the alleged onset date.
3. The claimant has the following severe impairment: osteoarthritis of the shoulders.
4. 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 1.
5. The claimant has the residual functional capacity (RFC) to perform light work as defined in 20 CFR 404.1567(b) except that she can frequently reach in all directions with the bilateral upper extremities; occasionally climb ramps and stairs, stoop, kneel, crouch and crawl; never climb ladders, ropes or scaffolds; never operate a motor vehicle; and never be exposed to unprotected heights, moving mechanical parts or vibration.
6. The claimant is performing past relevant work as a retail manager. This work does not require the performance of work-related activities precluded by the claimant's residual functional capacity.
7. The claimant has not been under a disability, as defined in the Social Security Act, from October 16, 2013, through the date of this decision.

         The Appeals Council denied Plaintiff's request for review, leaving the ALJ's decision the final decision of the Commissioner.

         The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to ...


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