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 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.
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
made the following findings under the required five-step
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
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
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.
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 ...