United States District Court, N.D. Indiana, Fort Wayne Division
OPINION AND ORDER
William C. Lee, Judge
matter is before the court for judicial review of a final
decision of the defendant Commissioner of Social Security
Administration denying Plaintiff's application for
Disability Insurance Benefits (DIB) as provided for in the
Social Security Act. 42 U.S.C. §416(I). Section 405(g)
of the Act provides, inter alia, "[a]s part of his
answer, the [Commissioner] shall file a certified copy of the
transcript of the record including the evidence upon which
the findings and decision complained of are based. The court
shall have the power to enter, upon the pleadings and
transcript of the record, a judgment affirming, modifying, or
reversing the decision of the [Commissioner], with or without
remanding the case for a rehearing." It also provides,
"[t]he findings of the [Commissioner] as to any fact, if
supported by substantial evidence, shall be conclusive. . .
." 42 U.S.C. §405(g).
provides that an applicant for disability insurance benefits
must establish an "inability to engage in any
substantial gainful activity by reason of any medically
determinable physical or mental impairment which can be
expected to last for a continuous period of not less than 12
months. . . ." 42 U.S.C. §416(i)(1); 42 U.S.C.
§423(d)(1)(A). A physical or mental impairment is
"an impairment that results from anatomical,
physiological, or psychological abnormalities which are
demonstrable by medically acceptable clinical and laboratory
diagnostic techniques." 42 U.S.C. §423(d)(3). It is
not enough for a plaintiff to establish that an impairment
exists. It must be shown that the impairment is severe enough
to preclude the plaintiff from engaging in substantial
gainful activity. Gotshaw v. Ribicoff, 307 F.2d 840
(7th Cir. 1962), cert. denied, 372 U.S. 945 (1963);
Garcia v. Califano, 463 F.Supp. 1098 (N.D.Ill.
1979). It is well established that the burden of proving
entitlement to disability insurance benefits is on the
plaintiff. See Jeralds v. Richardson, 445 F.2d 36
(7th Cir. 1971); Kutchman v. Cohen, 425 F.2d 20 (7th
the foregoing framework, "[t]he question before [this
court] is whether the record as a whole contains substantial
evidence to support the [Commissioner's] findings."
Garfield v. Schweiker, 732 F.2d 605, 607 (7th Cir.
1984) citing Whitney v. Schweiker, 695 F.2d 784, 786
(7th Cir. 1982); 42 U.S.C. §405(g). "Substantial
evidence is defined as 'more than a mere scintilla. It
means such relevant evidence as a reasonable mind might
accept as adequate to support a conclusion.'"
Rhoderick v. Heckler, 737 F.2d 714, 715 (7th Cir.
1984) quoting Richardson v. Perales, 402 U.S. 389,
401, 91 S.Ct. 1410, 1427 (1971); see Allen v.
Weinberger, 552 F.2d 781, 784 (7th Cir. 1977). "If
the record contains such support [it] must [be] affirmed, 42
U.S.C. §405(g), unless there has been an error of
law." Garfield, supra at 607; see
also Schnoll v. Harris, 636 F.2d 1146, 1150 (7th Cir.
present matter, after consideration of the entire record, the
Administrative Law Judge (“ALJ”) made the
1. The claimant last met the insured status requirements of
the Social Security Act on December 31, 2012.
2. The claimant did not engage in substantial gainful
activity during the period from his alleged onset date of
August 4, 2012 through his date last insured of December 31,
2012 (20 CFR 404.1571 et seq.).
3. Through the date last insured, the claimant had the
following severe impairments: diabetic retinopathy and
pseudophakia, peripheral neuropathy, diabetes mellitus,
lumbar degenerative disc disease, obesity, posttraumatic
stress disorder (PTSD), major depressive disorder (20 CFR
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 (20 CFR
404.1520(d), 404.1525 and 404.1526).
5. After careful consideration of the entire record, I find,
through the date last insured, the claimant had the residual
functional capacity to perform light work as defined in 20
CFR 404.1567(b) except stand/walk 4 hours total, 30 minutes
continuously; sit 6 hours total, 1 hour continuously. This
individual can remain at a designated work station and on
task despite periodically changing positions; occasionally
climb ramps/stairs, balance, stoop, kneel, crouch, or crawl;
never climb ladders, ropes, or scaffolds; avoid all exposure
to workplace hazards such as unprotected heights, including
slippery and uneven surfaces. The claimant can tolerate
predictable changes in the work environment, make simple
work-related decisions, tolerate casual and/or occasional
interaction with coworkers and supervisors, and tolerate no
interaction with the public.
6. Through the date last insured, the claimant was unable to
perform any past relevant work (20 CFR 404.1565).
7. The claimant was born on April 11, 1963, and was 49 years
old, which is defined as a younger individual age 18-49, on
the date last insured (20 CFR 404.1563).
8. The claimant has at least a high school education and is
able to communicate in English (20 CFR 404.1564).
9. Transferability of job skills is not material to the
determination of disability because using the
Medical-Vocational Rules as a framework supports a finding
that the claimant is “not disabled, ” whether or
not the claimant has transferable job ...