Bodden v. Colvin
| Decision Date | 14 December 2015 |
| Docket Number | 14-CV-08731 (SN) |
| Parties | SHIRLEY MAY BODDEN, Plaintiff, v. CAROLYN W. COLVIN, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Shirley May Bodden brings this action pursuant to Sections 205(g) and 1631(c)(3) of the Social Security Act (the "Act"), 42 U.S.C. §§ 405(g), 1383(c)(3), seeking judicial review of the final determination of the Commissioner of Social Security (the "Commissioner") denying her application for Supplemental Security Income ("SSI"). Bodden moves for judgment on the pleadings to reverse or vacate the Commissioner's determination, under Federal Rule of Civil Procedure 12(c), and the Commissioner cross-moves to uphold the Commissioner's determination and dismiss the case.
Because I find that the administrative law judge ("ALJ") failed to apply the treating physician rule correctly and did not properly analyze Bodden's credibility, the plaintiff's motion to remand the case is GRANTED, and the Commissioner's motion for judgment on the pleadings is DENIED. The case is remanded to the Commissioner for proper application of the treating physician rule and the credibility analysis.
Bodden first applied for SSI benefits in January 5, 2010, alleging disabilities of depression, post-traumatic stress disorder and back pain. After her application was denied on March 24, 2010, Bodden requested a hearing. ALJ Curtis Axelsen held a hearing on February 9, 2011, and issued a decision on April 20, 2011, denying Bodden's application for SSI. Bodden appealed ALJ's Axelsen's decision, and on September 18, 2012, the Appeals Council remanded Bodden's application, directing the ALJ to further develop Bodden's medical record and to provide more details regarding the weight given to her treating and non-treating physicians' opinions. ALJ Kenneth Levin held a second hearing on April 9, 2013, and issued a decision on April 24, 2013, in which he found that Bodden was not disabled. The decision to deny Bodden benefits was finalized on July 17, 2014, when the Appeals Council denied Bodden's request for a review of ALJ Levin's decision. This action followed.
On November 3, 2014, Bodden filed her complaint challenging the denial of her application for SSI under 42 U.S.C. §§ 405(g), 1383(c)(3). On May 27, 2015, Bodden moved for judgment on the pleadings, arguing that the ALJ had failed to (i) properly weigh the opinion of Bodden's treating physicians and (ii) properly evaluate Bodden's credibility regarding the impact of her symptoms. On June 26, 2015, the Commissioner submitted a cross-motion for judgment on the pleadings, contending that there was substantial evidence to support the ALJ's decision.
Bodden testified that she was single and lived with her children, ages 16, nine and seven. She completed school through the 11th grade. Bodden previously worked from home braiding hair for friends and family. Before that, she worked as a park maintenance worker for six months. Bodden stated that she had days when she did not want to leave the house and found it difficult to cook for her family or perform other household chores. She said she spent the majority of her time watching television, and that she frequently spent most of the day crying.
Bodden reported suffering from frequent headaches and back pain, for which she typically self-medicated with Motrin or Excedrin. She said that she took a generic form of Lexapro to treat her depression. She took Montelukast to treat her asthma. Due to her back pain, she said that she was only able to stand for approximately one hour at a time, and sit for a few hours at a time. She recalled that her doctor had once referred her to a physical therapist for her back pain, but that she had missed the appointment and never sought treatment.
Dr. Mini Liu, M.D., a family practitioner, began treating Bodden in September 2008 and diagnosed Bodden with post-traumatic stress disorder ("PTSD") on December 3, 2008. In support of her diagnosis, Dr. Liu wrote that Bodden presented with symptoms of depression, anxiety and insomnia. Dr. Liu noted that Bodden complained of heart palpitations and stabbing pains in her head. Dr. Liu prescribed Zoloft as a sleep aid and strongly recommended that Bodden begin therapy. Bodden refused, saying that therapy had never helped her in the past.
Throughout 2009, Dr. Liu consistently observed that Bodden displayed symptoms of depression, anhedonia and insomnia. She noted that Bodden continued to suffer from PTSD due to prior abusive relationships. In the fall of 2009, Dr. Liu diagnosed Bodden with diffuse hair loss and referred her to a dermatologist for treatment. In October 2009, Dr. Liu noted that Bodden had started to attend monthly psychiatric appointments and reported that she was "feeling a little better." (AR 376.)
On June 22, 2010, Dr. Liu completed a Multiple Impairment Questionnaire, in which she wrote that she had diagnosed Bodden with PTSD. She listed Bodden's symptoms as depression, anhedonia, anxiety, insomnia and low self-esteem. Dr. Liu noted that Bodden's PTSD"frequently" interfered with her attention and concentration, and that her impairments were likely to continue for at least twelve months. (AR 370.) She wrote that Bodden's impairments would likely produce "good days" and "bad days," and that Bodden was likely to be absent from work more than three times a month. Dr. Liu reported that Bodden was capable of performing low stress work, but she would be unable to work at a full-time competitive job that required activity on a sustained basis. (AR 371.)
In a letter accompanying the questionnaire, Dr. Liu noted that she had last seen Bodden on October 19, 2009. Since then, Bodden had been under the psychiatric care of physicians at St. Luke's Hospital. Dr. Liu wrote that she was not able to make an assessment of Bodden's current progress or prognosis, because she had not seen her in eight months.
In a second report dated January 28, 2011, Dr. Liu wrote that Bodden continued to suffer from PTSD, depression, asthma and alcohol abuse. She characterized these as chronic conditions, which could be improved but not resolved completely. Dr. Liu reported that Bodden continued to display lack of energy and focus, anhedonia, sleep and mood disturbances, difficulty thinking or concentrating and lack of energy. She reported that Bodden was incapable of tolerating even low levels of stress. Dr. Liu wrote that Bodden was "markedly limited" in her ability to complete a normal workweek without interruptions from psychologically-based symptoms. (AR 390.) She also concluded that Bodden was "markedly" limited in her ability to accept instructions from and respond appropriately to criticism from supervisors and in her ability to travel to unfamiliar places or use public transportation. (AR 390-91.) Dr. Liu noted that she had most recently examined Bodden on November 24, 2010, and that she saw her every three to six months.
In a "Statement of Material Cause," dated February 2, 2011, Dr. Liu wrote that she believed Bodden was "totally disabled without consideration of any past or present drug and/or alcohol use." (AR 395.) She added that Bodden drank a daily glass of wine as a sleep aid before bed, but that she was working with her psychiatrist to find other solutions.
In a letter dated July 22, 2011, Dr. Liu reiterated many of her past findings regarding Bodden's mental health problems and her functional capabilities. She wrote that she had been treating Bodden every three to nine months since June 1999. Dr. Liu concluded: "[s]hould Ms. Bodden retain employment, I foresee her being absent, on average, more than three times a month and I am medically certain that her condition will last over 12 months." (AR 396.)
Bodden began psychiatric treatment with Dr. Mia Gintoft at St. Luke's Roosevelt Hospital Center in October 2009. Bodden told Dr. Gintoft that she had felt sad "all day most of the day" since January 2009, when she had ended a relationship. (AR 479.) She reported loss of interest in activities, feelings of helplessness, decreased energy, decreased appetite, weight loss, nail biting and insomnia. Bodden also shared with Dr. Gintoft her history of abuse at the hands of her father and ex-boyfriend. Bodden reported experiencing "nightmares, flashbacks, hyperviligence and avoidance" of family members. Id. Dr. Gintoft diagnosed Bodden with major depressive disorder and PTSD and assigned her a Global Assessment Functioning (GAF) score of 50. She prescribed Wellbutrin XL, to treat Bodden's depression, and Ambien, to help Bodden sleep. Dr. Gintoft noted in her report the Bodden had been unable to spell the word WORLD backwards, even after multiple tries.
Throughout December 2009 and January 2010, Dr. Gintoft observed improvements in Bodden's depression symptoms. She noted that Bodden's psychomotor activity was retarded andher range was blunted, with a generally sad/depressed mood. Bodden was consistently unable to spell the word WORLD backwards, despite multiple tries. Bodden continued to complain about difficulties sleeping and Dr. Gintoft adjusted her Ambien prescription. At a visit in February 2010, Dr. Gintoft noted that Bodden was "[i]mproving, but has not yet reached optimum improvement" in her symptoms. (AR 499.)
In a letter from April 12, 2010, Dr. Gintoft wrote that Bodden had a diagnosis of major depressive disorder and PTSD and was currently prescribed Wellbutrin XL 150 mg and Zolpidem 10 mg. She added that Bodden's symptoms had "mildly improved with treatment," but they "continue to impact her daily living." (AR 363.) Dr. Gintoft concluded that Bodden "would not be able to work for at least 12 months due to her condition." Id.
Throughout the spring of 2010, Bodden's...
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