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.

Tapper v. Saul

United States District Court, N.D. Indiana, Hammond Division

July 30, 2019

NORMAN A. TAPPER, III, Plaintiff,
v.
ANDREW M. SAUL, Commissioner of the Social Security Administration, Defendant.

          OPINION AND ORDER

          JOHN E. MARTIN MAGISTRATE JUDGE

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Norman Tapper on March 15, 2018, and Plaintiff's Opening Brief [DE 13], filed July 12, 2018. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On September 13, 2018, the Commissioner filed a response, and on October 3, 2018, Plaintiff filed a reply.

         I. Background

         On March 12, 2010, Plaintiff filed an application for benefits alleging that he became disabled on January 19, 2010. Plaintiff's application was denied initially and upon reconsideration. On June 11, 2012, Administrative Law Judge (“ALJ”) Jonathan Stanley held a hearing, at which Plaintiff, with an attorney, and a vocational expert (“VE”) testified. On June 14, 2012, the ALJ issued a decision finding that Plaintiff was not disabled. Plaintiff appealed this decision to the District Court on September 3, 2013. On March 30, 2015, the Court remanded the ALJ's decision, and the Appeals Council remanded the matter to the ALJ. A second hearing was held on September 29, 2016 with ALJ William Sampson, at which Plaintiff, with an attorney, and a VE testified. On February 24, 2017, the ALJ issued a decision finding that Plaintiff was not disabled. The Appeals Council denied Plaintiff's request for review, leaving the ALJ's decision the final decision of the Commissioner.

         The ALJ made the following findings under the required five-step analysis:

1. The claimant's date last insured is March 31, 2014.
2. The claimant did not engage in substantial gainful activity during the period from his alleged onset date of January 19, 2010 through his date last insured of March 31, 2014.
3. Through the date last insured, the claimant had the following severe impairments: coronary artery disease; sleep disorders; Type II diabetes; status post gastric bypass surgery and obesity.
4. 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.
5. Through the date last insured, the claimant had the residual functional capacity (“RFC”) to perform light work as defined in 20 CFR 404.1567(b) except the claimant could never climb ladders, ropes, or scaffolds; occasionally climb ramps and stairs, balance, stoop, kneel, crouch and crawl and avoid concentrated exposure to extremes of heat and cold.
6. Through the date last insured, the claimant was capable of performing past relevant work as an account executive and electronic technician. 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 January 19, 2010, the alleged onset date, through March 31, 2014, the date last insured.

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

         The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide ...


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.