United States District Court, N.D. Indiana, Fort Wayne Division
REGINA A. DUKE, Plaintiff,
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)
E. MARTIN MAGISTRATE JUDGE UNITED STATES DISTRICT COURT.
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.
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
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.
made the following findings under the required five-step
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,
3. Through the date last insured, the claimant had the
following severe impairments: bilateral knee osteoarthritis
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
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
Appeals Council denied Plaintiff's request for review,
leaving the ALJ's decision the ...