Branson v. Callahan

• Citation: 14 F.Supp.2d 1089
• Decision Date: 21 April 1998
• Docket Number: No. C96-0333.,C96-0333.
• Parties: Sandra J. BRANSON, Plaintiff, v. John J. CALLAHAN, Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Northern District of Iowa

14 F.Supp.2d 1089

Sandra J. BRANSON, Plaintiff, v. John J. CALLAHAN, Commissioner of Social Security, Defendant.

No. C96-0333.

United States District Court, N.D. Iowa, Cedar Rapids Division.

April 21, 1998.

COPYRIGHT MATERIAL OMITTED

COPYRIGHT MATERIAL OMITTED

Jeffrey P. Berg, Cedar Rapids, IA, for Plaintiff.

Lawrence D. Kudej, Assistant United States Attorney, Cedar Rapids, IA, Rhonda J. Wheeler, Assist. Regional Counsel, Social Security Administration, Kansas City, MO, for Defendant.

ORDER

MELLOY, Chief Judge.

This matter comes before the court pursuant to plaintiffs November 15, 1996, complaint seeking reversal of the final decision of the Commissioner of Health and Human Services denying plaintiff's claim for disability benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq.

I. BACKGROUND

This action involves plaintiff's application for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq., which she filed on October 11, 1994 (Tr. 122-24). Plaintiff's application was denied initially on January 26, 1995 (Tr. 125-27, 155-59), and after reconsideration on March 15, 1995 (Tr. 162-71). On March 15, 1996, following a February 7, 1996 hearing, an Administrative Law Judge (ALJ) denied plaintiff's request for disability benefits (Tr. 37-53). The ALJ found that plaintiff was not disabled within the meaning of the Social Security Act (SSA). On September 27, 1996, the Appeals Council of the Social Security Administration denied claimant's request for review (Tr. 6-7). On October 25, 1996, after consideration of additional evidence, the Appeals Council vacated its September 27, 1996 decision and issued another decision to deny review (Tr. 4-5).

The plaintiff, Sandra J. Branson, was born May 15, 1943. She has a high school education and attended college for two years. Plaintiff states that she became disabled on November 12, 1993, because of depression and a degenerative disk in her spine. She complains of chronic back and neck pain as well as depression, all of which she claims prevent her from doing her past work or any other substantial gainful activity. She rates her pain in her lower spine and upper neck as approximately four to six on a scale of ten, with ten being the most severe amount of pain; at times she claims she experiences pain of ten or more when she does not "pace herself" (Tr. 74).

Plaintiff worked at Klein Tools for 13 years but testified she was released from employment on November 17, 1993 because of downsizing (Tr. 71-2). While employed, plaintiff saw a company doctor, Dr. Boward, for six years for treatment of back and neck discomfort (Tr. 71). Dr. Boward prescribed anti-inflammatories for pain.

Plaintiff sought outpatient treatment at St. Luke's Hospital from January 21, 1992 to May 7, 1992 for treatment of upper back pain, and from September 3, 1992 to March 19, 1993 for upper extremity problems (Tr. 250-96, 199-231). The St. Luke's staff treated her with physical therapy and anti-inflammatory medication, and recommended home exercises. Electromyography and nerve conduction velocity tests of both upper extremities showed normal results. Plaintiff was able to return to work without restrictions (Tr. 220).

Plaintiff saw Dr. Ballard for a consultative physical examination on November 30, 1994 (Tr. 199-231). Plaintiff complained of pain from her neck down along her spine and claimed she had difficulty bending and numbness in her right hip (Tr. 200). Dr. Ballard found that plaintiff suffered from degenerative disc disease of the cervical and lumbar spine and early osteoarthritis of the hands (Tr. 200). Dr. Roberts, whom plaintiff also saw for treatment on December 9, 1992, and again on September 7, 1994, previously diagnosed the same disorder. Dr. Roberts first prescribed Ibuprofen for pain, then later prescribed Clinoril medication and an exercise program (Tr. 247-49).

Plaintiff also saw Dr. Hansen, a psychiatrist, while she was employed. However, Dr. Hansen began treating plaintiff for depression in 1986 (Tr. 348). Dr. Hansen reported that plaintiff saw him for treatment approximately 50 times during the period beginning October 13, 1986 and lasting until October 23, 1995 (Tr. 348), although nearly half of those visits occurred during a span of less than two years after plaintiff lost her employment. Plaintiff claims the loss of her job in part caused her depression, and the break-up of her relationship with a roommate exacerbated it.

As part of plaintiff's treatment, Dr. Hansen prescribed various medications for depression, pain, and insomnia. He prescribed Zoloft for plaintiff's depression on April 4, 1994. On September 23, 1994, claimant was admitted to St. Luke's Hospital with depression and suicide ideation (Tr. 347). While plaintiff was in the hospital, Dr. Hansen changed her medication to the antidepressants Effexor and Clonopin. Plaintiff was discharged from St. Luke's Hospital on October 7, 1994 (Tr. 250-96, Exhibit 18). Follow-up visits to Dr. Hansen indicated that plaintiff demonstrated a mix of both affective improvements and mood deterioration. On February 28, 1995, Dr. Hansen changed plaintiff's medication to Serzone for her depression (Tr. 339), and later changed her medication to Luvox (Tr. 343). The record does not indicate whether plaintiff began taking medication for depression or any other mental impairment before the loss of her employment in 1993.

In addition to seeing Dr. Hansen, plaintiff also attended weekly therapy meetings for abuse victims for about four years, which were sponsored by family services (Tr. 104). Nicholas Longsworth led these meetings and testified at the hearing that he observed plaintiff in great discomfort, but also noted plaintiff discussed attempts to work again (Tr. 109). Longsworth opined that plaintiff's psychological condition would not prevent her from working (Tr. 109).

Plaintiff visited Dallas H. Bryant, Ed.D., for a psychological evaluation on January 10, 1994 (Tr. 232-35, Exhibit 13). Plaintiff took the Wechsler Adult Intelligence Scale-Revised (WAIS-R) examination and performed in the low average range of mental ability (Tr. 233). The results of the Woodcock-Johnson Psycho-Educational Battery indicated that she read independently with very modest achievement status and had mathematics and written expression skill development in the severe deficit range (Tr. 41, 233-34). Plaintiff's response to the Minnesota Multiphasic Personality Inventory-2 (MMPI-2) revealed that immediate gratification was important to her, and she was likely to respond impulsively to pleasure-oriented activities without regard to possible unpleasant consequences (Tr. 232-35). Problems of addiction are characteristic of her type of personality profile and she reported that substance abuse had been a part of her life style (Tr. 232-35).

II. STANDARD OF REVIEW

The scope of a district court's review of the Commissioner's final decision is set forth in 42 U.S.C. § 405(g), which provides in part:

The court shall have the power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Secretary, with or without remanding the cause for a rehearing. The findings of the Secretary as to any fact, if supported by substantial evidence, shall be conclusive....

42 U.S.C. § 405(g).

In order for the court to affirm the ALJ's finding of fact, those findings must be supported by substantial evidence appearing on the record as a whole. See Trossauer v. Chater, 121 F.3d 341, 342 (8th Cir.1997); Locher v. Sullivan, 968 F.2d 725, 727 (8th Cir.1992); Whitehouse v. Sullivan, 949 F.2d 1005, 1006 (8th Cir.1991); Cruse v. Bowen, 867 F.2d 1183, 1184 (8th Cir.1989). Substantial evidence is more than a mere scintilla. It means such relevant evidence as a reasonable mind might accept as adequate to support a conclusion. Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971); Johnson v. Chater, 127 F.3d 756, 758 (8th Cir.1997); Trossauer, 121 F.3d at 342; Cruse, 867 F.2d at 1184; Taylor v. Bowen, 805 F.2d 329, 331 (8th Cir.1986). In assessing the substantiality of the evidence, the court must take into account evidence which fairly detracts from the ALJ's findings. Trossauer, 121 F.3d at 342; Cruse, 867 F.2d at 1184; Hall v. Bowen, 830 F.2d 906, 911 (8th Cir.1987). Substantial evidence requires "something less than the weight of evidence, and the possibility of drawing two inconsistent conclusions from the evidence does not prevent an administrative agency's findings from being supported by substantial evidence." Cruse, 867 F.2d at 1184 (quoting Consolo v. Federal Maritime Commission, 383 U.S. 607, 620, 86 S.Ct. 1018, 16 L.Ed.2d 131 (1966)). The court must consider the weight of evidence appearing in the record and apply a balancing test to contradictory evidence. Gunnels v. Bowen, 867 F.2d 1121, 1124 (8th Cir.1989); Gavin v. Heckler, 811 F.2d 1195, 1199 (8th Cir.1987).

III. ANALYSIS

Plaintiff's arguments fall under four categories: the ALJ obtained and relied on new evidence ascertained after the Social Security hearing in violation of plaintiff's constitutional rights; the ALJ did not give ample weight to the opinions of plaintiff's treating physicians; the ALJ did not factor in plaintiff's subjective complaints of pain; and the ALJ relied on an improper hypothetical in making her decision.

A. The "New Evidence" Obtained Following the Hearing

Claimant first argues that the ALJ partially relied on evidence that was obtained following the hearing in determining that Plaintiff is not disabled. Plaintiff alleges that the ALJ had a conversation with Dr. Hansen after the hearing without notifying plaintiff's attorney, violating Plaintiff's due process rights (plaintiff's brief at 8). Plaintiff states that any evidence obtained from a third party after the hearing must be disclosed to plaintiff, and plaintiff has a right to...