Brooks v. Astrue
| Decision Date | 31 March 2011 |
| Docket Number | Civil Action No. 4:09-cv-2806 |
| Parties | Dwanana E. Brooks, Plaintiff, v. Michael J. Astrue, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of Texas |
OPINION TEXT STARTS HERE
Plaintiff Dwanana E. Brooks brought this action pursuant to 42 U.S.C. § 405(g) for review of the final determination by Social Security Administration Commissioner Michael J. Astrue ("Commissioner") that she is not entitled to receive Title XVI supplemental security income ("SSI") benefits. Before this Court is Brooks' Motion for Summary Judgment Brief (Dkt. 13) and the Commissioner's Response (Dkt. 17, 18). Having considered the parties' briefing, the applicable legal authorities, and all matters of record, Brooks' motion is denied and summary judgment is granted for the Commissioner.
Brooks is a 49-year old woman. (Tr. at 29). After applying for disability benefits, Brooks performed work at multiple jobs including as a day laborer, janitor,1 and as a Wal-Mart2 and Subway employee.3 Brooks lives with her boyfriend and besides intermittent employment, her only other form of income was a settlement payment from Walgreen's for mistakenly giving her the incorrect medication. (Tr. at 631).
Brooks initially filed an application for Supplemental Social Security Income under Title XVI of the Social Security Act ("the Act") in December 2003. In her application, she claimed that she was disabled with an onset date of April 22, 2000. (Tr. at 55). However, the application did not list the cause of her disability. (Tr. at 21, 55). The Social Security Administration denied her claim for SSI payments. Later that year, Brooks filed a request for reconsideration alleging that her condition had worsened. (Tr. at 38, 61, 65). After considering the request, the administration again denied her claim. Next, Brooks requested a hearing by an administrative law judge ("ALJ"). (Tr. at 42). At this hearing, Brooks appeared with her attorney and gave testimony at the hearing. The ALJ heard testimony from an impartial vocational expert witness, but did not hear from a medical expert. (Tr. at 20).
Following the hearing, the ALJ issued his decision that Brooks was not disabled. (Tr. at 20). The ALJ determined that Brooks suffered from medically determinable impairments comprised of "degenerative disc disease of the lumbar spine, depression, a history of a removal of a brain tumor and a history of substance abuse—cocaine and alcohol, in remission." (Tr. at 21). He determined that these impairments were "severe" in that they significantly limited Brooks' physical or mental ability to do basic work activity, but that, in light of her residual functional capacity, Brooks was able to perform her past relevant work as a fast food worker, a cafeteria attendant and a housekeeper. (Tr. at 27). Accordingly, he determined that she did not suffer from a disability under the Act and thus she was not entitled to benefits.
Brooks requested a review of that decision and her request was denied by the Appeals Council. (Tr. at 5). After that ruling became final, Brooks filed suit in this court to challenge the denial of benefits. United States Magistrate Judge Mary Milloy granted Brooks' motion for summary judgment on the grounds that the ALJ had failed to fully develop the record as to her physical and mental impairments. Because no medical expert testified at the hearing, the case was remanded to the ALJ so that the record could be more fully developed in large part
After remand, the Commissioner sent Brooks for an additional physical and mental evaluation to develop the record as instructed and a second hearing was held. (Tr. 623) An impartial vocational expert and an impartial medical expert testified at this hearing and additional evidence was submitted into the record. Following the hearing, the ALJ issued his second decision, again finding that Brooks was not disabled. (Tr. at 610). The ALJ found that Brooks had the following severe impairments: "degenerative disc disease, status post meningioma (brain tumor) removal, peripheral neuropathy, obesity, status post carpal tunnel release, substance abuse in remission, a cognitive disorder, and depression." (Tr. at 612) However, the ALJ did not find that these impairments—even in combination—met or equaled a listing in 20 C.F.R. Part 404, Subpart P, Appendix 1. (Id.). The ALJ found that Brooks had the residual functional capacity ("RFC") to perform light work, lifting and carrying 20 pounds occasionally and 10 pounds frequently, with an option of sitting or standing; was able to walk 3 hours in an 8-hour workday and had unlimited ability to push and pull and unlimited gross and fine dexterity; was able to occasionally climb stairs but unable to do any running or climbing of ladders, ropes or scaffolds; able to bend, stoop crouch, crawl, twist and squat; was unable to be exposed to unprotected heights or dangerous moving machinery; and was able to get along with others, understand simple instructions, concentrate on and perform simple tasks and respond and adapt to changes in the workplace and supervision. (Tr. at 615). The ALJ found that, in light of her RFC and limitations, Brooks was not able to perform any of her past relevant work as a laborer or janitor. (Tr. at 619). But considering Brooks' age, education, work experience and RFC, the ALJ found that there were jobs existing in the national economy that Brooks could perform, and that she therefore was not disabled. (Tr. at 621). Brooks requested review by the Appeals Council of this second decision, and her request was denied. She has now appealed to this Court and filed a motion for summary judgment arguing that the ALJ's decision is in error.
On August 31, 2004, Brooks arrived at the Harris County LB J Hospital emergency room complaining of a "bump in her right eye" and "slight blurred vision." (Tr. at 403). Brooks also complained of a "migraine headache" and a "3-week history of left chest pain originating in left upper extremity and radiating to left anterior chest." (Id.). The physical examination revealed a "stye of [the] right upper eye-lid" and memory lapse. (Tr. at 402). Brooks was diagnosed with a "right eye sty [sic]," and prescribed Piloxam and Tylenol Extra Strength. (Tr. at 404). The next morning, prior to discharge, Brooks "complained of auditory hallucinations, and thoughts of 'hurting herself [a] few months ago." (Tr. at 398, 403). As a result, Brooks had three psychiatric consultations while in the hospital. The first consulting physician detailed Brooks' reported hallucinations. (Tr. at 400). "The 'voices' she hears are replays/flashbacks of [physical/sexual abuse in childhood], and occur primarily when she is with a man or in another stressful situation." (Id.). "The memories have driven her to suicide attempts many times in her life (overdoses, risk taking, wrist slashing, etc.), but she doubts she would try anything now (especially since her religious rebirth)." (Id.). Brooks reported "sadness, feelings of hopelessness, and guilt." (Id.). The psychiatrist diagnosed Brooks as suffering from "PTSD" and "polysubstance dependence (in remission)." (Id.).
The second consulting psychiatrist noted that Brooks "enjoys fishing, going to Walmart, goes to church each Sunday [and] takes walks." (Tr. at 398). According to this doctor, Brooks was employed "at Subway" for two weeks in 1997, and "quit because [she] fought with coworkers." (Id.). Brooks had "no previous job for [seventeen] years (except dealing drugs)." (Id.). This doctor also noted Brooks' "dysphoric mood," and likewise diagnosed her as suffering from "post traumatic stress disorder." (Id.). The third consulting psychiatrist agreed with this diagnosis. (Tr. at 396).
The earliest medical record of Brooks' treatment at the Mental Heath-Mental Retardation Authority of Harris County ("MHMRA") is a "Progress Note," dated September 20, 2004. (Tr. at 271). Brooks' Care Coordinator, Christopher McKinney, met with her to monitor her "response to treatment." At that time, Mr. McKinney noted no "apparent" progress toward her goals. (Tr. at 271). On September 21, 2004, Brooks' treating physician at MHMRA, Chantee Vavasseur, M.D. ("Dr. Vavasseur"), conducted a psychiatric assessment. (Tr. at 260). "Prior to being placed on medications [Brooks complained of] a persistently depressed mood, hopelessness, helplessness, worthlessness, low self-esteem, crying spells, poor concentration, poor energy, poor motivation, poor sleep (frequent awakenings), increased appetite with [a] 25 pound weight gain in 6 months, social isolation, anhedonia, and suicide ideations with one attempt by overdose a long time ago." (Id.). After taking medications, Brooks continued to complain of sleeping problems and hallucinations. (Id.). Dr. Vavasseur noted that Brooks had "completed 9th grade[,] was in Special Education classes for learning[,] is illiterate [and] did not get her GED." (Tr. at 262). She also noted that Brooks' "past occupations include: food service, housekeeper [and] retail sales." (Id.). Dr. Vavasseur found that Brooks' "Mental Status Evaluation" ("MSE") "is significant for difficulty attending to tasks and following directions [and her] cognitive problems could be due to borderline intelligence with the added insult of a serious brain injury." (Tr. at 263). Dr. Vavasseur also found that Brooks "is motivated for treatment but needs support as she functions in a low range." (Tr. at 263).
According to Dr. Vavasseur, Brooks' "symptoms are consistent with a diagnosis of 1) Major Depression Recurrent with psychosis [and] 2) Polysubstance Dependence— in remission." (Id.). Dr. Vavasseur prescribed Zoloft for depression and Seroquel for psychosis. (Tr. at 264). Dr. Vavasseur then conducted a "Five Axis DSM Diagnosis." (Tr. at 265). Under "Axis I: Clinical Disorders,"...
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