Deakins v. Barnhart, No. C02-4054-MWB (N.D. Iowa 5/29/2003)
| Decision Date | 29 May 2003 |
| Docket Number | No. C02-4054-MWB.,C02-4054-MWB. |
| Parties | SUMMER N. DEAKINS, Plaintiff, v. JO ANNE B. BARNHART, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Iowa |
The plaintiff Summer N. Deakins ("Deakins") appeals a decision by an administrative law judge ("ALJ") denying her Title XVI supplemental security income ("SSI") benefits. Deakins argues the ALJ erred in (1) not crediting Deakins's sworn testimony; (2) relying on the opinion of a non-examining, non-treating physician; and (3) failing to pose an appropriate hypothetical question to the vocational expert. Deakins argues that because of these errors, the Record does not contain substantial evidence to support the ALJ's decision. (See Doc. No. 10)
On March 17, 2000, Deakins filed an application for SSI benefits, alleging a disability onset date of January 1, 1987. (R. 89-91) The application was denied on July 28, 2000. (R. 65-70) On August 31, 2000, Deakins requested a hearing (R. 71), and a hearing was held before ALJ Jan E. Dutton in Sioux City, Iowa, on August 21, 2001. (R. 27-64) Non-attorney Royce Schweizer represented Deakins at the hearing. Deakins testified at the hearing, as did Vocational Expert ("VE") Sandra Trudeau.
On August 29, 2001, the ALJ ruled Deakins was not entitled to benefits. (R. 11-24) In accordance with 20 C.F.R. § 416.1406, 416.1466 (2002), the ALJ's decision was the final decision of the Commissioner.
Deakins filed a timely Complaint in this court on July 8, 2002, seeking judicial review of the ALJ's ruling. (Doc. No. 3) In accordance with Administrative Order #1447, dated September 20, 1999, this matter was referred to the undersigned United States Magistrate Judge, pursuant to 28 U.S.C. § 636(b)(1)(B), for the filing of a report and recommended disposition of Deakins's claim. Deakins filed a brief supporting her claim on December 12, 2002. (Doc. No. 10) The Commissioner filed a responsive brief on January 15, 2003. (Doc. No. 11). The matter is now fully submitted, and pursuant to 42 U.S.C. § 405(g), the court turns to a review of Deakins's claim for benefits.
At the time of the hearing, Deakins was 25 years old, and living in an apartment in Sioux City, Iowa. (R. 33) She testified she had not graduated from high school or obtained a G.E.D., but nevertheless somehow had received a high school diploma. (R. 34.) She testified she can do basic math and reading, but has difficulty with higher level math and reading "big words." (Id.)
Deakins was placed in a foster home at age 14, which she "destroyed." (R. 35) She then was placed "all over," including the Iowa Juvenile Home and several detention centers. When she reached 18 years old, she was discharged from the juvenile system. (R. 36)
Deakins was charged with second degree criminal mischief as a result of the damage she caused to her foster home, but otherwise she has never been arrested or convicted of a crime. (Id.)
When Deakins was 19 years old, after being raped, she gave birth to a son. (R. 41) She gave the child to her mother to raise. (Id.) She also has a daughter, who was seven months old at the time of the hearing and lives with her. Her daughter was fathered by a 60-year-old bus driver with whom Deakins lived for about two years. (R. 43) Deakins testified she had broken up with the child's father because of sexual and emotional abuse. (R. 44)
Deakins received disability payments, possibly as a result of a disability suffered by her father, until she was 20 or 21, when the payments were discontinued. Her first job was working at Good Will Industries, where she went though a 90-day rehabilitation program. She failed to finish the program successfully because of "emotional problems." (R. 38, 40) She then she worked at McDonald's "on and off" for about a year. (R. 38) For short periods of time, she also worked as a waitress and at a gas station. (R. 39) She had trouble performing each of these jobs because of a "movement disorder" she has had her entire life. (Id.) She cannot get a driver's license, and at the time of the hearing was on welfare. (R. 42, 44)
Deakins testified she is taking Zyprexa, for her movement disorder, and Xanax, for depression and panic attacks, but she does not believe they help. (R. 42, 52, 58) She has been on "all sorts of medication" for the movement disorder, including Depakote, but nothing has worked. (R. 47) When asked by the ALJ why she has not gotten a job, she stated she has panic attacks, she hates people, people scare her, and she feels like people are laughing at her all the time. (R. 45) When asked about jobs that do not involve interaction with other people, Deakins stated when she gets a job, her "attention span goes to zip," and she gets "bored very easily." (Id; R. 53-54)
Deakins testified she is unable to sit down for any period of time because she has to be doing something. (R. 46, 53-54) She enjoys house cleaning, but does not like to cook. (Id). She does laundry and takes care of her baby, although she often makes a mess when feeding the baby because of her jerking. (R. 46-47) She is helped in caring for her baby by an "adopted" mother, (R. 50-51)
Her daily routine revolves around the baby. (R. 57) She gets up at about 8:30 each morning, and feeds, bathes, and changes the baby. (R. 57) She cleans the house, and then visits a friend for about a half hour. (Id.) In the evenings, she watches television and plays with her baby. (Id). She goes grocery shopping on the first of every month, late at night to avoid other people. (Id).
Deakins testified she did not think she could return to work at McDonald's, but she stated, (R. 54)
A detailed chronology of Deakins's medical history is attached to this opinion as Appendix A. The earliest medical report in the Record is a psychological evaluation of Deakins prepared by M.A. Strider, Ph.D., a clinical psychologist, when Deakins was 13 years old. (R. 245-48) Dr. Striker found evidence of brain dysfunction, with difficulties in spelling and arithmetic. (R. 247) He did not find significant evidence of psychosis or significant depression or anxiety, but he noted Deakins had difficulties with complex, higher cognitive processing, and very limited ability for organization, planning, and judgment. (R. 247-48)
Deakins next was evaluated in 1994, at age 18, by Mark Haslett, M.D., a psychiatrist. (R. 242-44) At the time, Deakins was living alone and 14 weeks pregnant as the result of a gang rape. (R. 242) She had a history of Attention Deficit Hyperactivity Disorder ("ADHD"). She had been removed from her home and placed in foster care at age 11 or 12, because she was physically and sexually abused by her father. (Id.) She reported she had been diagnosed with "Russell Silver Syndrome," defined by Dr. Haslett as "a syndrome of myoclonic jerks." (R. 243) After conducting an evaluation, Dr. Haslett concluded Deakins did not need therapy or psychiatric intervention. (R. 244)
On March 9, 1999, a Disability Determination Services (DDS) Report was prepared by Michael P. Baker, Ph.D., a licensed psychologist. (R. 249-51) After administering an intelligence test, Dr. Baker determined that Deakins's full scale IQ was 79. (R. 251) He further concluded as follows:
From this single testing situation, it would appear that Summer is able to maintain attention, concentration and pace, yet whether this would be sufficient for an employment setting is uncertain. She certainly interacted appropriately with this evaluator and therefore might be expected to do so with supervisors, co-workers, and the public. Judgment does appear poor and might limit her ability to respond adequately to changes in the workplace.
(R. 250)
A year later, on March 23, 2000, Deakins was seen at Tri-County Mental Health Services, Inc., for "anger, fear and depression." (R. 143) She reported that she had lived in juvenile homes from ages 7 to 17, and she had attempted suicide "several times." (Id.) She was referred for psychiatric treatment and individual counseling. (R. 146)
On April 6, 2000, Deakins was seen by Les Flowers, L.P.C. (R. 136-39) Flowers found no evidence of any major thought disorders, and determined Deakins was properly oriented. (R. 138) Deakins denied suicidal ideation, but described mood swings, anger, agitation, fear of "being around people," and an inability to hold a job. (Id.) Flowers observed Deakins had a labile mood, fair insight, and poor judgement. (Id.) He diagnosed her as suffering from ADHD by history and a mood disorder NOS, with a GAF of 45.1
Flowers saw Deakins again on April 28, 2000. (R. 140) He noted Deakins had very poor social skills, a history of institutionalization, anger issues, is easily agitated, has rapid mood swings, and comes from "extremely dysfunctional family." However, there was no evidence of a major thought disorder, and she was properly oriented. Deakins focused on a "conflictual relationship" with her mother, "who continues to physically abuse" her. Flowers concluded Deakins's ability to understand and remember instructions and to sustain concentration and persistence in tasks was "extremely limited," and her ability to interact socially and adapt to her environment was "limited." (Id.)
On May 10, 2000, Deakins was seen at Tri-County Mental Health Services, Inc. by Grant Piepergerdes, M.D., for a psychiatric evaluation. (R. 147-49) Deakins's chief complaint was "anger problems and depression." (R. 147) Dr. Piepergerdes observed the following:
The patient is a...
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