United States District Court, N.D. Indiana, Hammond Division
DONALD N. MONTOYA, 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 Donald Montoya on January 12, 2018, and
Plaintiff's Brief in Support of Reversing the Decision of
the Commissioner of Social Security [DE 14], filed July 19,
2018. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On August 29, 2018, the Commissioner filed a
response, and on September 27, 2018, Plaintiff filed a reply.
was previously found disabled as of September 2, 2010, in a
determination dated June 21, 2011, but on November 3, 2014,
it was determined that as of November 1, 2014, Plaintiff was
no longer disabled. This determination was upheld initially
and upon reconsideration. On January 23, 2017, Administrative
Law Judge (“ALJ”) Jennifer Smiley held a video
hearing, at Plaintiff, with an attorney, and a vocational
expert (“VE”) testified. On February 22, 2017,
the ALJ issued a decision finding that Plaintiff was not
made the following findings under the required five-step
1. The claimant's date last insured is December 31, 2015.
2. The most recent favorable medical decision finding that
the claimant was disabled is the determination dated June 21,
2011. This is known as the “comparison point
3. At the time of the CPD, the claimant had the following
medically determinable impairments: cell-mediated immunity
defect and mycobacterium tuberculosis.
4. Through December 31, 2015, the claimant's date last
insured, the claimant did not engage in substantial gainful
5. The medical evidence establishes that, from November 1,
2014 to the date last insured, the claimant had the following
severe medically determinable impairments: psoriatic
arthritis; joint dysfunction; degenerative disc disease; and
6. 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.
7. Medical improvement occurred on November 1, 2014.
8. The medical improvement is related to the ability to work
because, by November 1, 2014, the claimant's CPD
impairments no longer met or medically equaled the same
listing(s) that was met at the time of the CPD.
9. From November 1, 2014 to December 31, 2015, the claimant
continued to have a severe impairment or ...