Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Duke v. Berryhill

United States District Court, N.D. Indiana, Fort Wayne Division

June 13, 2019

REGINA A. DUKE, Plaintiff,
v.
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.

          FINDINGS, REPORT AND RECOMMENDATION OF UNITED STATES MAGISTRATE JUDGE PURSUANT TO 28 U.S.C. § 636(B)(1)(B) & (C)

          JOHN E. MARTIN MAGISTRATE JUDGE UNITED STATES DISTRICT COURT.

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Regina A. Duke, and Plaintiff's Opening Brief [DE 19], filed February 22, 2019. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On March 29, 2019, the Commissioner filed a response, and on April 12, 2019, Plaintiff filed a reply.

         On December 11, 2018, Judge Jon E. DeGuilio entered an Order [DE 10] referring this matter to the undersigned Magistrate Judge for a report and recommendation on the instant Motion pursuant to 28 U.S.C. § 636(b)(1)(B). This Report constitutes the undersigned Magistrate Judge's combined proposed findings and recommendations pursuant to 28 U.S.C. § 636(b)(1)(C). For the following reasons, the Court recommends that the decision of the Administrative Law Judge be affirmed.

         I. Background

         On July 25, 2014, Plaintiff filed an application for benefits alleging disability beginning May 30, 2012. On February 20, 2017, a hearing was held before Administrative Law Judge (“ALJ”) Stephanie Katich, who entered an unfavorable decision. The Appeals Council vacated the ALJ's decision and remanded for further proceedings. On December 7, 2017, ALJ Katich held a second hearing at which Plaintiff, Plaintiff's attorney, Plaintiff's husband, and a vocational expert (“VE”) testified. On February 28, 2018, 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 last met insured status requirements of the Social Security Act on September 30, 2014.
2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of May 30, 2012, through her date last insured of September 30, 2014.
3. Through the date last insured, the claimant had the following severe impairments: bilateral knee osteoarthritis 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 the claimant could never climb ladders, ropes, or scaffolds. She could occasionally climb ramps or stairs and she could occasionally balance, stoop, kneel, crouch, and crawl.
6. Through the date last insured, the claimant was capable of performing past relevant work as a photocopy machine operator. This is generally and actually performed at the light level of exertion. She was also capable of performing her past relevant work as a claims processor. This is skilled work generally performed at the sedentary exertional level, and the claimant performed it at the sedentary exertional level. This work did not require the performance of work-related activities precluded by the claimant's residual functional capacity.
7. The claimant was not under a disability, as defined in the Social Security Act, at any time from May 30, 2012, the alleged onset date, through September 30, 2014, the date last insured.

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


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.