Black ex rel. O.L. v. Colvin
| Decision Date | 24 August 2015 |
| Docket Number | No. 2:14 CV 95 DDN,2:14 CV 95 DDN |
| Court | U.S. District Court — Eastern District of Missouri |
| Parties | DUSTY BLACK o/b/o O.L., Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
This action is before the court for judicial review on the final decision of defendant Commissioner of Social Security denying the application of Dusty Black on behalf of her daughter, O.L., for disability insurance benefits under Sections 1602, and 1614(a)(3)(A) of the Social Security Act. The parties have consented to the exercise of plenary authority by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c) (Doc. 10). For the reasons set forth below, the decision of the Administrative Law Judge (ALJ) is reversed and remanded.
Plaintiff O.L was born on June 22, 1998. Her mother filed an application for disability insurance benefits on her behalf on November 17, 2010. She alleged an onset date of November 17, 2010, asserting disability due to Attention Deficit Hyperactive Disorder (ADHD), Depressive Disorder, a learning disorder, and Post Traumatic Stress Disorder (PTSD). (Tr. 111, 114.) Plaintiff's claims were denied initially, and she requested a hearing before an ALJ. (Tr. 5, 9.)
On August 29, 2013, following a hearing, the ALJ issued a decision denying plaintiff's application. (Tr. 10.) The Appeals Council denied her request for review. (Tr. 13.) Thus, the decision of the ALJ stands as the final decision of the Commissioner.
Since October 16, 2008, O.L. has been in special education due to social behavioral problems caused by a previously diagnosed anxiety disorder. (Tr. 93.)
On November 10, 2008, O.L.'s school requested that Monica Robles, M.D., a psychiatrist, evaluate O.L. because she was displaying unusual behaviors, including a preoccupation with cats, underdeveloped social skills, lack of ability to maintain friendships, bullying other students, and constantly denying when she did something wrong. O.L.'s mother reported that O.L. had not had any friends in the last four years and that she was unable to concentrate at school because she was easily distracted. Dr. Robles diagnosed PTSD, Major Depressive Disorder without psychotic symptoms, and learning disabilities. Dr. Robles ruled out ADHD, and established a global assessment functioning (GAF)1 score of 50.2 (Tr. 280-88.)
O.L. saw Katarzyna Derlikiewics, M.D., from May 2009 to October 2012. At her first appointment, Dr. Derlikiewics indicated that O.L. struggled somewhat in school and was experiencing frequent depressive, self-hating, and angry thoughts. O.L reported frequent anxiety and hearing things that were not really there. Dr. Derlikiewics noted that O.L. would begin working on social skills with therapist Stacy Melton, LCSW, and start Lexapro, an antidepressant. (Tr. 364-65.)
On November 17, 2009, Dr. Derlikiewics indicated that O.L.'s mother had discontinued treatment since the last appointment. O.L. was experiencing constant problems with attention span, and the school was encouraging O.L.'s mother to continue treatment. O.L.'s problems included low self-esteem, frequent depressive thoughts, agitation, poor energy levels, trouble sleeping due to hearing voices at night, and issues with attention and concentration. Dr. Derlikiewics restarted Lexapro and started Clonidine, for ADHD. (Tr. 361-63.)
Dr. Derlikiewics saw O.L. on December 9, 2009 and documented that she was experiencing some positive changes since starting medication, but still had low energy, no motivation, difficulty falling asleep, and was failing several classes. (Tr. 359-60.)
On January 7, 2010, Dr. Derlikiewics reported that O.L.'s mother did not start O.L. in the recommended therapy because she believed O.L. was doing well, including having a higher energy level and decreased depressive behavior. (Tr. 357-58.)
On January 8, 2010, O.L.'s mother reported to James Thornton, M.D., that the school made her send O.L. to a "shrink" for an autism evaluation, and also that the school said O.L. had Attention Deficit Disorder (ADD)3 and depression. O.L.'s mother further stated that O.L. did not understand people and had sometimes been acting like a cat, but had recently when her mother told her that she would be put in a "looney bin." (Tr. 375.)
In February 2010, O.L.'s teachers, Marla Sparks and Kristy Marth, completed a teacher questionnaire on behalf of O.L. They opined that O.L. had a slight problem functioning in the domains of Acquiring and Using Information; slight to serious problem functioning in the domain of Attending and Completing Tasks; no problem to a serious problem functioning in the domain of Interacting and Relating with Others; no problem in the domain of Moving About and Manipulating Objects; no problem to an obvious problem in the domain of Caring for Herself. (Tr. 94-101.)
On February 8, 2010, Dr. Derlikiewics reported that O.L. was doing well. (Tr. 354-56.)
On February 26, 2010, the school reported to O.L.'s mother that O.L. was exhibiting unusual behaviors, such as eating nonfood objects such as paper, pencils, and pens, and acting inappropriately in front of others, such as making obscene gestures. O.L. was also failing to submit homework and stealing from classmates. (Tr. 255-62.)
On March 8, 2010, Dr. Derlikiewics indicated that O.L.'s behavior continued to deteriorate over the past few weeks. She showed poor motivation and attention. She continued to eat non-edible objects, exhibited inappropriate laughing, and heard her father's voice at night.O.L. had also falsely reported to the school that a man had broken into her house and raped her. (Tr. 351-53.)
On April 15, 2010, Dr. Derlikiewics reported that O.L. had been doing very well for the past month with the exception of difficulty concentrating in the afternoon. (Tr. 345-47.)
On July 23, 2010, Dr. Derlikiewics reported that O.L. was feeling fatigued and had not been doing very well over the past several weeks, including worsened depression. (Tr. 342-43.)
On August 25, 2010, O.L. struck another girl, committing third degree assault. On August 29, 2010, O.L. stole property from a neighbor, committing a Class A misdemeanor. (Tr. 91.)
On August 30, 2010, O.L. received a neuropsychological evaluation by Kourtney Christopher, M.Ed., at the Center for Autism and Neurodevelopment Disorders. The evaluation indicated average results in intellect, and below average results in daily living and adaptive skills, due to emotional and behavioral difficulties. The report also indicated O.L.'s greatest difficulties were in socialization and communication, and that O.L.'s social and academic difficulties were likely due to ADHD. Further, her anxiety, depression, and emotional difficulties could have been negatively affecting her ability to attend to and complete her schoolwork. (Tr. 296-309.)
On September 23, 2010, Dr. Derlikiewics noted that O.L. was experiencing mood swings, frustration, and depression upon increase of Lexapro, and was frequently throwing up. A Department of Family Services (DFS) worker accompanied O.L. to this appointment because she was stealing from classmates and fighting others. The DFS worker indicated that "the mother has poor insight and great difficulty in acknowledging extrinsic factors causing problems for O.L." (Tr. 340-41.)
On October 7, 2010, O.L. was issued a well-child exam by the Missouri Department of Social Services. Her medications included Adderall, for ADHD; Lexapro; Abilify, an antipsychotic; and Clonidine. (Tr. 372.)
October 8, 2010 correspondence by the Missouri Department of Social Services acknowledged that O.L.'s mother had completed an in-home services program that was put in place because O.L. had been seen in a dumpster, fought a girl upon encouragement by her mother, and had also stolen property from a neighbor. (Tr. 199.)
On October 12, 2010, O.L.'s mother reported to Dr. Thornton that O.L. was frequently dizzy. She underwent an EKG which was normal. Dr. Thornton thought her dizziness was from the increased Lexapro and referred O.L.'s mother to Dr. Derlikiewics to discuss it. (Tr. 369.)
On October 13, 2010, Dr. Derlikiewics reported that O.L. was taking her Lexapro at night instead of during the day. This change came after O.L. experienced a fainting spell at school the preceding Monday. O.L reported an increase in emotions, and was crying frequently, but was no longer feeling blunted as she previously had. (Tr. 338-39.)
An Individual Education Plan (IEP) meeting was held October 22, 2010 in which it was decided that O.L. qualified for special education due to emotional disturbance. The report indicated that O.L. did not benefit from direction instruction in large groups and that she was better off in a small group. It also stated she suffered impaired interactions with peers and lacked social relationships. (Tr. 75-79, 310-22.)
On October 25, 2010, O.L. was made a ward of the state as a result of the August 25 assault charge. (Tr. 323-24.)
On November 16, 2010, O.L. met with Dr. Derlikiewics for medication management. His diagnoses included PTSD, Learning Disorder Not Otherwise Specified, Major Depressive Disorder, and ADHD, inattentive type. (Tr. 335-37.)
On November 23, 2010, the Missouri Department of Social Services issued a written service agreement that O.L. was to continue therapy for one month. (Tr. 200.)
On January 10, 2011, Dr. Derlikiewics reported that O.L. had not been doing well, suffering from depression, fatigue, lack of motivation, and increased sleeping and eating. He recommended an increase in Lexapro. (Tr. 549-50.)
On January 27, 2010, Dr. Derlikiewics indicated that O.L showed no improvement since the last visit. She was being bullied at school, and was subsequently bullying her brother at home. She was exhibiting physically and verbally abusive behavior at home and school. (Tr. 546-48.)
In February 2011, Joan Singer, Ph.D., reviewed O.L.'s file and...
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