Mork, Kathleen v. Colvin, Carolyn
Filing
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Transmission of Notice of Appeal, Docketing Statement, Order, Judgment and Docket Sheet to Seventh Circuit Court of Appeals re: 23 Notice of Appeal, (Attachments: # 1 Docketing Statement, # 2 Order, # 3 Judgment, # 4 Docket Sheet) (lak) (Attachment 4 replaced on 6/25/2015) (lak).
CASE NO. 15-______
UNITED STATES COURT OF APPEALS
FOR THE SEVENTH CIRCUIT
KATHLEEN MORK,
Plaintiff-Appellant,
vs.
Case No.: 14-cv-333-JDP
CAROLYN W. COLVIN,
Acting Commissioner of Social Security,
Hon. James D. Peterson
United State District Judge
Defendant-Appellee
Appeal from a Judgment from
UNITED STATES DISTRICT COURT
WESTERN DISTRICT OF WISCONSIN
DOCKETING STATEMENT
Dana W. Duncan
Attorney for the Plaintiff-Appellant
Duncan Disability Law, S.C.
State Bar I.D. No. 01008917
3930 8th Street South, Suite 201
Wisconsin Rapids, WI 54494
(715) 423-4000
Plaintiff-Appellant, Kathleen Mork, by her attorney, Dana W.
Duncan, Duncan Disability Law, S.C., submits this docketing statement
alleging the following:
1.
The District Court’s jurisdiction is contained in an appeal of
an adverse decision of the Commissioner of Social Security
under §216(i) and 223 of the Social Security Act, 42 U.S.C.
§416(i) and 423(d).
2.
The judgment to be reviewed is an order and judgment by
the Honorable, James D. Peterson, District Judge, dated May
18, 2015 and entered on the same date, affirming the decision
of the Defendant-Appellant, Carolyn W. Colvin, Acting
Commissioner of Social Security, denying the plaintiffappellant’s application for a period of disability and
disability insurance benefits under 42 U.S.C. §§216(i) and
223. Dkt. 21, 22.
3.
This docketing statement is submitted pursuant to Circuit
Rule 3(c) and Circuit Rule 28(a).
4.
A Notice of Appeal was filed on or about the 25th day of
June, 2015.
5.
The Notice of Appeal from the order of the Honorable James
D. Peterson, is an appeal from a final judgment adjudicating
all of the claims with respect to all parties.
6.
As procedural history:
A.
On January 10, 2011, the claimant filed a Title II
application for a period of disability and disability
insurance benefits. The claim was denied initially on
April 29, 2011, and upon reconsideration on
September 21, 2011. Thereafter, the claimant filed a
written request for hearing on November 16, 2011.
B.
On February 28, 2013, ALJ Mattie Harvin-Woode
issued an eight-page decision, denying Mork’s
application for Disability Insurance Benefits.
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C.
The ALJ found that Mork met the insured status
requirements of the Social Security Act through
December 31, 2016, had not engaged in substantial
gainful activity since August 17, 2010, the alleged
onset date and had the following severe impairments:
degenerative joint disease of the bilateral upper
extremities and foot status post-osteotomy,
osteoarthritis, cervical degenerative disc disease
status post-fusion, Raynaud's syndrome, left hip
bursitis, lumbago, and bilateral plantar fibromatosis.
D.
The ALJ found that Mork did not have an impairment
or combination of impairments that met or medically
equaled the severity of one of the listed impairments
hi 20 CFR Part 404, Subpart P, Appendix 1.
E.
The ALJ found that Mork was “capable of performing past
relevant work as a receptionist. This work does not require
the performance of work-related activities precluded by the
claimant's residual functional capacity.”.
F.
Following a timely request for Review of
Administrative Decision, the Appeals Council denied
review on March 17, 2013, making the ALJ’s decision
the final decision of the Commissioner.
G.
Following the submission of briefs, the Honorable
James D. Peterson, United States District Judge,
issued an Opinion and Order on May 18, 2015 and
docketed on said date which recommended that the
Commissioner’s final decision in this matter be
affirmed. A judgment was docketed on May 18, 2015
affirming the Commissioner’s Decision.
Dated this 25th day of June, 2015.
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Respectfully submitted,
Duncan Disability Law, S.C.
Attorneys for the Plaintiff-Appellant
/s/ Dana W. Duncan
Dana W. Duncan
State Bar I.D. No. 01008917
3930 8th Street South, Suite 201
Wisconsin Rapids, WI 54494
(715) 423-4000
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