United States District Court, N.D. Indiana, Hammond Division
MARVIN E. ALLEN, Plaintiff,
ANDREW M. 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 Marvin E. Allen on June 5, 2018, and
Plaintiff's Opening Brief [DE 17], filed November 16,
2018. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On December 27, 2018, the Commissioner filed a
response, and on January 16, 2019, Plaintiff filed a reply.
For the following reasons, the Court grants Plaintiff's
request for remand.
October 3, 2014, Plaintiff filed applications for benefits
alleging that he became disabled on August 15, 2008.
Plaintiff's application was denied initially and upon
consideration. On January 31, 2017, Administrative Law Judge
(“ALJ”) Matthew Johnson held a video hearing, at
which Plaintiff, with an attorney and a vocational expert
(“VE”), testified. At the hearing, Plaintiff
amended his alleged onset date to October 3, 2014. On May 10,
2017, the ALJ issued a decision finding that Plaintiff was
made the following findings under the required five-step
1. The claimant has not engaged in substantial gainful
activity since October 3, 2014, the application date.
2. The claimant has the following severe impairments: loss of
central visual acuity, complex tear of medial meniscus in the
right knee, status post left knee arthroscopy, obstructive
sleep apnea (OSA), obesity, depression and personality
3. 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.
4. The claimant has the residual functional capacity
(“RFC”) to perform light work as defined in 20
C.F.R. § 416.967(b) except climb ramps and stairs
occasionally, never climb ropes, ladders or scaffolds;
balance, stoop, kneel, crouch and crawl on an occasional
basis; the individual has no vision in his left eye and is
limited visually in accordance with having only vision in one
eye; the claimant can never work around environments
involving unprotected heights, moving mechanical parts, and
operation of a commercial motor vehicle; the individual is
able to understand, carry out, remember and perform simple,
routine and repetitive tasks involving only simple,
work-related decisions with the ability to adapt only to
routine workplace changes; the individual would need to be
allowed to alternate between sitting and standing; the
individual should be allowed to alternate to standing for
five minutes after forty-five minutes of sitting, and
alternate to sitting for five minutes after forty-five
minutes of standing or walking, noted this is not off task
time, but simple changes in positions at a job or at a work
station; the individual can work in environments that involve
humidity, wetness, dust, odors, fumes, and pulmonary
irritants and extreme cold only on an occasional basis.
5. The claimant is unable to perform any past relevant work.
6. The claimant was 50 years old, which is defined as a which
is defined as an individual closely approaching advanced age,
on the date the application was filed.
7. The claimant has at least a high school education and is
able to communicate in English.
8. Transferability of job skills is not an issue because the
claimant does not have past relevant work.
9. Considering the claimant's age, education, work
experience, and residual functional capacity, there are jobs
that exist in significant numbers in the national ...