Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Lark v. Saul

United States District Court, N.D. Indiana, Hammond Division

September 3, 2019

PATRICIA ANN LARK, Plaintiff,
v.
ANDREW SAUL, Commissioner of the Social Security Administration, Defendant.

          OPINION AND ORDER

          JOHN E. MARTIN UNITED STATES DISTRICT MAGISTRATE JUDGE

         This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Patricia Ann Lark on October 4, 2017, and Brief of Plaintiff [DE 17], filed October 11, 2018. Plaintiff requests that the decision of the Administrative Law Judge be reversed and remanded for further proceedings. On November 23, 2018, the Commissioner filed a response, and on January 4, 2019, Plaintiff filed a reply.

         I. Procedural Background

         On December 23, 2013, Plaintiff filed an application for benefits alleging that she became disabled on June 1, 2005. Plaintiff's application was denied initially and upon reconsideration. On July 28, 2016, Administrative Law Judge (“ALJ”) William E. Sampson held a video hearing, at which Plaintiff, with an attorney and a vocational expert (“VE”), testified. On October 17, 2016, the ALJ issued a decision finding that Plaintiff was not disabled.

         The ALJ made the following findings under the required five-step analysis:

1. The claimant last met the insured status requirements of the Social Security Act on June 30, 2010.
2. The claimant did not engage in substantial gainful activity during the period from her alleged onset date of June 1, 2005, through her date last insured of June 30, 2010.
3. Through the date last insured, the claimant had the following severe impairments: fibromyalgia, migraine headaches, Hashimoto's Thyroiditis, chronic obstructive pulmonary disease (COPD) with asthma, irritable bowel syndrome (IBS), and degenerative disc disease.
4. The claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listing impairments in 20 CFR Part 404, Subpart P, Appendix 1.
5. The claimant had the residual functional capacity (RFC) to lift and carry up to 20 pounds occasionally, 10 pounds frequently, stand and/or walk about 6 hours in an 8-hour workday, and sit about 6 hours in an 8-hour workday with normal breaks. The claimant was to avoid all climbing of ladders, ropes, or scaffolds, or crawling, but she could have occasionally climbed ramps and stairs, balanced, stooped, knelt, or crouched. The claimant was limited to frequent but not constant reaching, handling, and fingering in all directions, but was limited to only occasional reaching overhead, and she must have avoided all concentrated exposure to extremes of heat and cold, as well as breathing irritants such as fumes, odors, dusts, and gases, vibrations, and hazards such as dangerous moving machinery or unprotected heights. The claimant would have required a sit/stand option whereby she could have changed positions after 30 minutes of either standing or sitting.
6. Through the date last insured, the claimant was unable to perform any past relevant work.
7. The claimant was 48 years old, which is defined as a younger individual age 18-49, on the date last insured. The claimant subsequently changed age category to closely approaching advanced age.
8. The claimant has at least a high school education and is able to communicate in English.
9. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the claimant is “not disabled” whether ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.