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 Jessica Antoinette Borum on May 10, 2018, and
Plaintiff's Brief in Support of Her Motion to Reverse the
Decision of the Commissioner of Social Security [DE 18],
filed October 15, 2018. Plaintiff requests that the decision
of the Administrative Law Judge be reversed and remanded for
further proceedings. On October 19, 2018, the Commissioner
filed a response, and on December 13, 2018, Plaintiff filed a
December 5, 2014, Plaintiff filed an application for benefits
alleging that she became disabled on January 1, 2013.
Plaintiff's application was denied initially and upon
reconsideration. On March 14, 2017, Administrative Law Judge
(“ALJ”) Jessica Inouye held a hearing at which
Plaintiff, with an attorney, and a vocational expert
(“VE”) testified. On May 31, 2017, the ALJ issued
a decision finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant's date last insured is December 31, 2016.
2. The claimant has not engaged in substantial gainful
activity since January 1, 2013, the alleged onset date.
3. The claimant has the following severe impairments:
degenerative joint disease/osteoarthritis; degenerative disc
disease; obstructive sleep apnea; headaches; fibromyalgia;
obesity; and major depressive disorder.
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 C.F.R. Part 404, Subpart
P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525,
and 404.1526, 416.920(d), 416.925 and 416.926).
5. The claimant has the residual functional capacity
(“RFC”) to perform sedentary work as defined in
20 C.F.R. § 404.1567(a) and 416.967(a) except she is
limited to: never climbing ladders, ropes, or scaffolds,
kneeling, crouching, or crawling; occasionally climbing ramps
and stairs, balancing, and stooping; frequently performing
gross and fine manipulation with the left upper extremity;
and avoiding concentrated exposure to extreme temperatures,
humidity, as well as hazards such as unprotected heights and
moving dangerous machinery. Furthermore, the claimant is able
to learn, understand, remember, and carry out simple routine
and repetitive work tasks and sustain them in two-hour
increments throughout the typical workday.
6. The claimant has no past relevant work.
7. The claimant was 26 years old, which is defined as a
younger individual age 18-44, on the alleged disability onset
8. The claimant has at least a high school education and is
able to communicate in English.
9. Transferability of job skills is not an issue because the
claimant does not have ...