Brown v. Colvin
| Decision Date | 18 July 2014 |
| Docket Number | CAUSE NO. 3:13-CV-352-CAN |
| Parties | LISA M. BROWN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Indiana |
On April 24, 2013, Plaintiff, Lisa M. Brown ("Brown"), filed her complaint in this Court. On October 31, 2013, Brown filed her opening brief requesting that this Court reverse and remand this matter to the Commissioner for further consideration, including a new hearing and decision consistent with the principles outlined in her brief. On November 7, 2013, Defendant, Commissioner of Social Security, Carolyn W. Colvin ("Commissioner"), filed her response brief. Brown filed a reply brief on January 30, 2014. This Court granted Commissioner's Motion to file a sur-reply brief, which was filed on February 26, 2014. On March 27, 2014, Brown filed a sur-response brief with this Court's permission. This Court may enter a ruling in this matter based on the parties consent, 28 U.S.C. § 636(c), and 42 U.S.C. § 405(g).
On March 12, 2010, Brown filed an application for Supplemental Security Income ("SSI") alleging a disability due to status post closed head injury with a subarachnoid hemorrhage, scalp laceration, pelvic fractures, spleen fracture, rightshoulder fracture secondary to car accident, obesity, organic mental disorder, and adjustment disorder with depressed/anxious mood beginning February 23, 2010. Her claims were denied initially on September 21, 2010, and also upon reconsideration on January 14, 2011. Brown appeared at a hearing before an Administrative Law Judge ("ALJ") on February 6, 2012.
On February 21, 2012, the ALJ issued a decision holding that Brown was not disabled under section 1614(a)(3)(A) of the Social Security Act. The ALJ found that Brown had not engaged in substantial gainful activity since March 12, 2010, and that her status post closed head injury with subarachnoid hemorrhage, scalp laceration, pelvic fractures, spleen fracture, right shoulder fracture secondary to a car accident, obesity, organic mental disorder, and adjustment disorder with depressed/anxious mood constituted severe impairments. However, the ALJ found that Brown did not have an impairment or combination of impairments that met or medically equaled one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. The ALJ found that Brown retained the residual functional capacity ("RFC") to perform less than the full range of light work as defined in 20 C.F.R. § 416.967(b). The ALJ found she could lift or carry and push or pull up to ten pounds frequently and twenty pounds occasionally; sit, stand, or walk for a total of about six hours in an eight-hour workday; occasionally climb ramps and stairs, and balance and stoop. However, Brown could never climb ladders, ropes, or scaffolds; crouch, kneel, or crawl; and she must avoid even moderate exposure to hazards such as unprotected heights. The ALJ further found that Brown retains the ability to understand, remember and carry out short, simple, repetitive instructions; sustain attention and concentration for two-hour periods at a time and for eight-hours inthe workday on short, simple, repetitive instructions; use judgment in making work decisions related to short, simple, repetitive instructions; maintain a regular attendance and be punctual within customary tolerances; and perform activities within a schedule. The ALJ found that Brown requires an occupation with set routine and procedures, and few changes during the workday with no fast paced production. The ALJ then found that although Brown is unable to perform her past relevant work as packager, there are jobs that exist in significant numbers in the national economy that Brown can perform.
On February 22, 2013, the Appeals Council denied review of the ALJ's decision making it the Commissioner's final decision. See Fast v. Barnhart, 397 F.3d 468, 470 (7th Cir. 2005); 20 C.F.R. § 404.981. On April 24, 2013, Brown filed a complaint in this Court seeking a review of the ALJ's decision.
A. Facts
Brown was a thirty-five year old female at the time the ALJ denied her claims. She has a tenth grade education and performed past relevant work as a packager.
At the hearing, Brown testified that she suffered from concentration problems, lack of memory, problems focusing, right arm pain, back pain, right leg pain, and pelvic pain which caused difficulty sitting and standing as a result of a shattered pelvis. In a typical day, she did minor chores around the house and assisted her children with homework when possible. Brown indicated she was able to take care of her personal needs and drove to the store for shopping purposes. She testified that on occasion she would take her children to the park, play card games with a friend, and go out to dinner.She testified she regularly treated her body pain, concentration, and memory problems with prescribed medications and non-prescription treatments. Brown indicated only one side effect, occasional upset stomach, from a non-prescriptive medication. She testified that her condition has not improved despite taking medication and attending various therapies. Brown testified that pain, concentration problems, and lack of memory prevented her from completing tasks such as cooking, mowing, and snow removal. Throughout the day, Brown mainly completed light household work and watched television or movies, but indicated difficulty maintaining attention throughout an entire program. Brown testified that she could sit and stand for about fifteen minutes at time and walk for about one city block. In addition, Brown believed she could lift about ten pounds.
Brown was admitted on February 23, 2010, to Memorial Hospital of South Bend following her involvement in a major motor vehicle accident. Subsequent to various diagnostic tests, Brown was found to have a scalp laceration, subarachnoid hemorrhage or bleeding to the brain, pelvic factures, a right shoulder fracture, and a spleen fracture. Notes from Dr. Heidi Collins, a physical rehabilitation specialist, show that Brown's major injury was a head injury, which would require long-term treatment. During her hospitalization, however, Brown also participated in cognitive testing that revealed she was agitated and confused. With medications, Brown became calmer, capable of focusing, easier to direct, and less agitated. Brown was discharged from the hospital on April 13, 2010, on the condition of "satisfactory" and was admitted to HookRehabilitation Center. At the time of discharge, Brown was only taking over-the-counter medication for pain, which was reportedly beneficial.
Dr. Michael P. Shain, a psychiatrist, evaluated Brown upon her admission to the Hook Rehabilitation Center. Dr. Shain reported that Brown had a history of polysubstance abuse, but that she intended to quit using drugs. Dr. Shain then conducted a brief mental status exam revealing that Brown's concentration, learning and five-minute delayed recall for verbal information, and cognitive flexibility were intact, but that she had mild organizational difficulties. Dr. Shain noted she had been on Xanax for anxiety, but was now on Trazadone. Dr. Shain recommended and performed neurological testing for Brown, leading to her diagnosis of cognitive disorder, NOS, secondary to traumatic brain injury. Notes from Brown's neurological testing further show Brown had significant impairments with cognitive functioning, but continual ongoing improvements were expected. Brown was released from Hook Rehabilitation Center on May 26, 2010, at which time she was instructed not to drive, to have twenty-four hour supervision, and to participate in outpatient physical therapy, home occupational therapy, and speech therapy.
Two days after leaving Hook Rehabilitation Center, Brown received a speech therapy evaluation by Jill Oscarson, an occupational therapy evaluation by Elaine Stenslik, and a physical therapy evaluation by Brian Kanyer. Notes from Ms. Oscarson show Brown reported she was doing "quite well" and the goal was to increase problem solving and memory. Ms. Stenslik's notes indicate that Brown was dressing herself with modified independence, showering and toileting with supervision, and preparing meals with modified independence. Mr. Kanyer noted that she had problems with balance,coordination, endurance, and gait deviation. Mr. Kanyer prepared at treatment plan for Brown and estimated that her rehabilitation potential was very good.
Dr. Collins, Brown's physical rehabilitation specialist, reported on Brown's status on July 6, 2010. By that time, Brown had been referred for neurological services, but had not scheduled her first visit. However, Brown had progressed to twenty-four hour independence at home and was handling her own self-care and daily living activities. Dr. Collins also indicated she would continue to improve.
In September 2010, consultative psychological examiner Dr. Sharon Sacks evaluated Brown. Brown told Dr. Sacks that she was losing things easily, had a poor memory for daily events, needed to have instructions repeated, was forgetful, and had difficulty with retention. Dr. Sacks' mental examination showed Brown was unable to successfully complete serial sevens. Based on her administration of the WMS-IV memory test, Dr. Sacks found that Brown's visual memory was better than expected, her ability to recall verbal and visual information immediately was in the average range, and her ability to recall verbal and visual information after a twenty to thirty minute delay was in the average range. Dr. Sacks assigned Brown a current Global Assessment of Functioning ("GAF") score of 57.1
In response to Brown's application for disability benefits, at least six state agency medical consultants examined Brown or reviewed her medical records. First,...
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