United States District Court, N.D. Indiana, Hammond Division
CHRISTOPHER E. SWAN, Plaintiff,
NANCY A. BERRYHILL, Deputy Commissioner for Operations, Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Christopher Swan on February 1, 2018, and
Plaintiff's Brief in Support of Reversing the Decision of
the Commissioner of Social Security [DE 18], filed August 17,
2018. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On September 25, 2018, the Commissioner filed a
response, and on October 15, 2018, Plaintiff filed a reply.
December 20, 2013, Plaintiff filed an application for
benefits alleging that he became disabled on September 28,
2008. Plaintiff's application was denied initially and
upon reconsideration. On August 5, 2016, Administrative Law
Judge (“ALJ”) Shane McGovern held a hearing,
which was continued in order for Plaintiff to secure
representation. A second hearing occurred on February 2,
2017, at which Plaintiff, with an attorney, and a vocational
expert (“VE”) testified. On March 29, 2017, the
ALJ issued a decision finding that Plaintiff was not
made the following findings under the required five-step
1. The claimant had not engaged in substantial gainful
activity since December 20, 2013, the application date.
2. The claimant has severe impairments: adjustment disorder;
major depressive disorder; alcohol use disorder; cannabis use
disorder; antisocial personality disorder; mood disorder NOS;
mild lumbar spine degenerative disc disease and mild cervical
spine degenerative disc disease.
3. Through the date last insured, the claimant did not have
an impairment or combination of impairments that met or
medically equal the severity of one the listed impairments in
20 CFR 404, Subpart P, Appendix 1.
4. Through the date last insured, the claimant had the
residual functional capacity (RFC) to perform light work as
defined in 20 C.F.R. § 416.967(b) except the claimant
could never climb ladders, ropes or scaffolds; occasionally
climb ramps and stairs, balance, stoop, kneel, crouch and
crawl; never overhead reach on the right otherwise frequent
reaching bilaterally; no exposure to moving mechanical parts
or unprotected heights; simple, routine and repetitive tasks;
no tandem tasks or teamwork where one production step is
dependent upon a prior step; no interaction with the public
and occasional interaction with coworkers and supervisors.
5. The claimant has no past relevant work.
6. The claimant was 39 years old at the time the application
was filed, which is defined as a younger individual.
7. The claimant has at least a high school education and is
able to communicate in English.
8. Transferability of job skills is not an issue because the
claimant does not have past relevant work.
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there were jobs
that existed in significant numbers in the national ...