Baehr v. Astrue
| Decision Date | 24 September 2012 |
| Docket Number | Civil Action 2:11-cv-01076 |
| Parties | Nicholas Baehr, Plaintiff v. Michael J. Astrue, Commissioner of Social Security, Defendant |
| Court | U.S. District Court — Southern District of Ohio |
Plaintiff Nicholas Baehr brings this action under 42 U.S.C. §§405(g) and 1383(c)(3) for review of a final decision of the Commissioner of Social Security denying his application for Disability Insurance Benefits and Supplemental Security Income benefits. This matter is before the Magistrate Judge for a report and recommendation on the parties' cross-motions for summary judgment.
Summary of Issues. Plaintiff alleges that he is disabled due to depression and anxiety. The administrative law judge concluded that plaintiff could perform his past relevant work as a stocker and a landscaping grounds maintenance worker.
Plaintiff argues that the decision of the Commissioner denying benefits should be reversed because:
Procedural History. Plaintiff Nicholas Baehr filed his application for disability insurance benefits on May 18, 2009, alleging that he became disabled on May 15, 2008, at age 25, by depression, severe anxiety, panic attacks, agoraphobia, and stunted emotional development. (R. 116, 156.) The application was denied initially and upon reconsideration. Plaintiff sought a de novo hearing before an administrative law judge. On April 14, 2011, an administrative law judge held a hearing at which plaintiff, represented by counsel, appeared and testified. (R. 22.) A vocational expert also testified. On May 27, 2011, the administrative law judge issued a decision finding that Baehr was not disabled within the meaning of the Act. (R. 17.) On October 31, 2011, the Appeals Council denied plaintiff's request for review and adopted the administrative law judge's decision as the final decision of the Commissioner of Social Security. (R. 1-3.)
Age, Education, and Work Experience. Nicholas Baehr was born January 16, 1983. (R. 116.) He completed his GED in 2001. (R. 163.) He has worked as a crew leader, a customer service representative, a damage prevention specialist, a laborer, a maintenance worker, a package handler, and a stocker. He last worked April 25, 2009. (R. 156-57.) His employment between 1996 and 2009 was sporadic. (R. 124 and 165.)
Plaintiff's Testimony. Plaintiff testified that he saw his psychiatrist, Dr, Williams, every two weeks. He was prescribed Subutex for opiate dependence, Klonopin for anxiety, and Zoloft for depression.
Baehr testified that he 6'1" and weighed around 200 pounds. His weight had increased over the past two years due to laying around and not doing anything. He had no motivation to do anything. Although he had a driver's license, he did not drive often. He received his GED and attended college, but he did not complete his degree. He had no income and was supported by his father. His last attempt at working was in April 2009. He only lasted a couple of days. His depression and anxiety prevented him from working.
Baehr testified that he began using opiates when he was 18. He was incarcerated for 11 months in 2004-2005. After he was released from prison, he was clean for a few months before he starting using again. He has not used heroin since 2008.
He reported that he had difficulty sleeping. During a typical day he played music, played video games, or watched television. He was a DJ and mixed records, but it required a lot of concentration and could only do it for about 20 minutes. He played an online roleplaying game with other people on their schedule. He typically played from around 8-9:00 p.m. until 1-2:00 a.m. He did not do well in public, with face-to-face interaction, but he enjoyed interacting with people on the computer.
He watched a little bit of everything on television, such as the Discovery Channel, the History Channel, TNT, and sometimes Comedy Central if his dad was around to watch with him.
He and his dad attempted to fix the car if it needed work. He also tried to exercise with his brother. He could take care of his own hygiene, although he only tooka shower every few days due to a lack of motivation. He has never lived independently. Prior to living with his father, he lived with his mother. (R. 26-42.)
Medical Evidence of Record.
Sudhir Dubey, PsyD. On July 20, 2009, Dr. Dubey performed a disability assessment at the request of Bureau of Disability Determination. For the past three years, he had been receiving psychiatric treatment from his primary care doctor. When he was 15 years old, he was treated for depression and for "acting out." He was currently prescribed Zoloft, Subutex, and Vistaril. He abused heroin for four years, but he quit three years ago. He was incarcerated for 11 months for drug possession. Baehr last worked in April 2009 doing construction, but he only lasted three days.
On mental status examination, his affect was appropriate and his emotional reactions were within normal limits. He reported that he was feeling okay and that his mood in general was okay. He denied mood swings. He denied crying or symptoms of depression. He reported no appetite or weight changes. He had difficulty falling asleep. He slept a total of eight to twelve hours on a daily basis. He denied feelings of guilt, hopelessness, or helplessness. His energy level had decreased over the past two years. He denied anhedonia. He denied suicidal or homicidal ideation.
Baehr was oriented in all four spheres. He was alert and responsive. He reported difficulty concentrating. He denied difficulty with his memory. He was able to recall six digits forward and four numbers backwards. He was able to recall three objects after afive minute delay. Serial sevens were within normal limits. His ability to perform simple calculations was average.
Baehr reported that his daily activities included cooking, cleaning, doing laundry, and watching television. He reported socially interacting with people on a regular basis. He did not have any recreational activities or hobbies.
Dr. Dubey diagnosed depressive disorder, not otherwise specified, and hallucinogenic abuse in remission. (R. 256-62.)
Marva Dawkins, Ph.D. On August 20, 2009, Dr. Dawkins, a psychologist, reviewed the evidence of record and completed a psychiatric review technique and mental residual functional capacity assessment. She noted diagnoses of depressive disorder, not otherwise specified, and hallucinogenic abuse in remission. Dr. Dawkins opined that Baehr had mild restriction of activities of daily living, moderate difficulties in maintaining social functioning, and moderate difficulties in maintaining concentration, persistence or pace. He had no episodes of decompensation.
With respect to understanding and memory, plaintiff was not significantly limited. With respect to sustained concentration and persistence, plaintiff was moderately limited in his ability to complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods. With respect to social interaction, Baehr was moderately limited in his ability to get along with coworkers orpeers without distracting them or exhibiting behavioral extremes. Plaintiff had no significant limitations with respect to adaptation. (R. 263-80.)
Robert Polite, D.O. On December 8, 2009, Dr. Polite, a general practitioner, reported Bureau of Disability Determination that he began treating plaintiff Baehr in October 2007. (R. 282-84.) He said that Baehr experienced decreased heart rate, shortness of breath, chest discomfort, excessive sweating, feelings of worthlessness, sadness and forgetfulness. Baehr exhibited lack of motivation, decreased concentration, impaired long-term memory and periods of confusion. He was not able to concentrate or focus without becoming frustrated. He experienced difficulty breathing when he was in a large crowd. Approximately, three to four days per week, plaintiff did not shower, get out of bed or complete self-care. With increased social interaction, plaintiff suffered a loss in concentration and increased anxiety. Baehr experienced anxiety on a daily basis and required medication to control his symptoms. Stress resulted in increased anxiety. (R. 283.)
Plaintiff's anxiety has continued to worsen since the age of 15. His medications would not allow for increased anti-anxiety medications. Plaintiff tended to become overly stressed, and he could not tolerate routine stress or workplace stress. Plaintiff was diagnosed with depression, anxiety, and opiate dependence. (R. 284.)
Dr. Polite's treatment notes for October 19, 2007 state that Baehr had full affect and a euthymic mood. His memory and concentration were good. He had logical thought processes. His thought content was clear. He had good insight and judgment.He was described as doing well on Suboxone and Klonopin. The diagnosis was opiate addiction. (R. 286.) Baehr continued to have unremarkable findings on mental status examination from December 2009 through September 2010. (R. 292-301, 305-33.) The diagnosis throughout was opiate dependence. On two visits, there was the additional diagnosis of anxiety (R. 288 and 331) and one time depression. (R. 315.) On October 5, 2010, plaintiff was described as doing well for the most part. (R. 291.) On November 2, 2010, plaintiff had full affect and euthymic mood. He was described as doing well. (R. 290.) On November 30, 2010, plaintiff's mental status examination was unremarkable. He was doing well with no complaints of side effects. (R. 288.) On ...
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