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 Mary Kathryn Abegg on May 2, 2018, and
Plaintiff's Opening Brief [DE 15], filed September 27,
2018. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On February 8, 2019, the Commissioner filed a
response, and on February 18, 2019, Plaintiff filed a reply.
March 25, 2014, Plaintiff filed an application for benefits
alleging that she became disabled on December 21, 2013.
Plaintiff's application was denied initially and upon
consideration. On February 3, 2017, Administrative Law Judge
(“ALJ”) Kevin Plunkett held a video hearing, at
which Plaintiff, with an attorney, and a vocational expert
(“VE”) testified. On March 22, 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 June 30, 2018.
2. The claimant has not engaged in substantial gainful
activity since December 21, 2013, the alleged onset date.
3. The claimant has the following severe impairments:
degenerative disc disease, fibromyalgia, ulnar neuropathy,
and mitral valve prolapse.
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.
5. The claimant has the residual functional capacity
(“RFC”) to perform sedentary work as defined in
20 C.F.R. § 404.1567(a) except the claimant can
frequently feel with the right upper extremity and
occasionally feel with the left upper extremity. In addition,
the claimant is limited to no climbing of ladders, ropes, or
scaffolds and occasional climbing of ramps and stairs, and
occasional stooping, kneeling, crouching, or crawling.
6. The claimant is capable of performing past relevant work
as an accounting clerk. This work does not require the
performance of work-related activities precluded by the
claimant's residual functional capacity.
7. The claimant has not been under a disability, as defined
in the Social Security Act, from December 21, 2013, through
the date of this decision.
Appeals Council denied Plaintiff's request for review,
leaving the ALJ's decision the final decision of 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