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 Rosalinda Burgos on June 14, 2018, and
Plaintiff's Opening Brief [DE 16], filed November 28,
2018. Plaintiff requests that the decision of the
Administrative Law Judge be reversed and remanded for further
proceedings. On February 22, 2019, the Commissioner filed a
response, and on March 18, 2019, Plaintiff filed a reply.
25, 2014, Plaintiff filed applications for benefits alleging
that she became disabled on October 6, 2013. Plaintiff's
applications were denied initially and upon consideration. On
November 9, 2016, Administrative Law Judge
(“ALJ”) Kathleen Kadlec held a video hearing, at
which Plaintiff, with an attorney and a vocational expert
(“VE”), testified. On May 1, 2017, the ALJ issued
a decision finding that Plaintiff was not disabled.
made the following findings under the required five-step
1. The claimant meets the insured status requirements of the
Social Security Act through December 31, 2018.
2. The claimant has not engaged in substantial gainful
activity since October 6, 2013, the alleged onset date.
3. The claimant has the following severe impairments:
osteoarthritis with associated arthroscopy of the knee in
2014; degenerative disc disease (“DDD”) of the
lumbar spine; DDD of the cervical spine with perineual cysts;
arthritis of the hip; CMC arthritis; carpal tunnel syndrome
(“CTS”), as well as bunions and hammertoe.
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 light work as defined in 20
C.F.R. §§ 404.1567(b) and 416.967(b) except she can
operate hand controls with her right hand frequently. She can
handle, finger and feel frequently with the right hand. The
claimant can occasionally stoop, kneel, crouch, crawl, as
well as climb ramps and stairs, but never climb ladders,
ropes or scaffolds. She can never be exposed to work around
unprotected heights, moving mechanical parts or operating a
6. The claimant is capable of performing her past relevant
work as a house cleaner, sales clerk, or cook, as 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, since October 6, 2013.
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