United States District Court, N.D. Indiana, Hammond Division
TAMERA L. BATEMAN, Plaintiff,
ANDREW SAUL, Commissioner of the Social Security Administration, Defendant.
OPINION AND ORDER
E. MARTIN MAGISTRATE JUDGE
matter is before the Court on a Complaint [DE 1], filed by
Plaintiff Tamera L. Bateman on May 18, 2018, and
Plaintiff's Opening Brief [DE 14], filed September 20,
2018. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On December 28, 2018, the Commissioner filed a
response, and on February 5, 2019, Plaintiff filed a reply.
February 18, 2014, Plaintiff filed applications for benefits
alleging that she became disabled on January 1, 2014.
Plaintiff's application was denied initially and upon
reconsideration. On May 23, 2016, Administrative Law Judge
(“ALJ”) Dennis Kramer held a video hearing, at
which Plaintiff, with an attorney, a medical expert
(“ME”), and a vocational expert
(“VE”) testified. On June 21, 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 was December 31,
2. The claimant has not engaged in substantial gainful
activity since January 1, 2014, the alleged onset date.
3. The claimant has the following severe impairments:
hepatitis C, osteoarthritis of the spine and knees, irritable
bowel syndrome and headaches.
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,
404.1526, 416.920(d), 416.925, and 416.926).
5. The claimant has the residual functional capacity
(“RFC”) to perform light work as defined in 20
C.F.R. § 404.1567(b) and 416.967(b) except the claimant
is able to sit for four hours in an eight hour workday, is
unable to climb ladders, ropes or scaffolds, can occasionally
climb ramps and stairs, balance, stoop, kneel, crouch or
crawl and must avoid all exposure to hazards such as
unprotected heights and dangerous machinery, more than
occasional exposure to operating a motor vehicle and
excessive vibrations and more than frequent exposure to
humidity and wetness, pulmonary irritants such as dust, fumes
and gasses and extreme heat.
6. The claimant is capable of performing past relevant work
as a cashier, fast food worker, sandwich maker, and waitress.
This work does not require the performance of work-related
activities precluded by the claimant's residual
7. The claimant has not been under a disability, as defined
in the Social Security Act, from January 1, 2014, 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. [DE 25]. Therefore, this Court has jurisdiction to