Dube v. Astrue

• Decision Date: 24 February 2011
• Docket Number: Civil No. 1:10–cv–179–JL.
• Citation: 163 Soc.Sec.Rep.Serv. 242,2011 DNH 031,781 F.Supp.2d 27
• Parties: Joseph DUBEv.Michael J. ASTRUE, Commissioner, Social Security Administration.
• Court: U.S. District Court — District of New Hampshire

781 F.Supp.2d 27

163 Soc.Sec.Rep.Serv. 242

2011 DNH 031

Joseph DUBE

v.Michael J. ASTRUE, Commissioner, Social Security Administration.

Civil No. 1:10–cv–179–JL.

United States District Court, D. New Hampshire.

Feb. 24, 2011.

Michael G. Perez, NH Legal Assistance, Concord, NH, for Plaintiff.Gretchen Leah Witt, U.S. Attorney's Office, Concord, NH, for Defendant.

MEMORANDUM ORDER

JOSEPH N. LAPLANTE, District Judge.

This is an appeal from the denial of a claimant's application for Social Security Disability Benefits. See 42 U.S.C. § 405(g). The claimant, Joseph Dube, contends that the administrative law judge (“ALJ”) incorrectly found that Dube was not disabled because he retained the residual functional capacity (“RFC”) to perform light duty work, see Admin. R. 12; ¹ see generally, 20 C.F.R. § 404.1567(b), and that given his age, education, and work experience, there were a significant number of job opportunities available to him. See id. § 404.1520(a)(4)(v); pt. 404, subpt. P, App. 2, § 202. Dube contends that:

(1) the ALJ failed to discuss relevant medical evidence regarding Dube's mental health impairments contradicting the ALJ's RFC assessment, see id. § 1527;

(2) the ALJ ignored a finding by the New Hampshire Department of Health and Human Services that Dube was disabled (for purposes of state disability benefits) due to his mental impairments, see generally N.H.Rev.Stat. Ann. §§ 167:3–j, 167:6, VI;

(3) the ALJ's assessment of the effect that Dube's mental health impairments had on his ability to work was unsupported by the evidence, and therefore the ALJ did not satisfy his burden of proof at Step Five of the disability assessment, see generally, 20 C.F.R. § 404.1520(a)(4)(v); ²

(4) given Dube's mental impairments, the ALJ improperly relied on the Medical–Vocational Guidelines (“the Grid”), see generally id. §§ 404.1520(a)(4)(v), pt. 404, subpt. P, App. 2; 404.1560(c)(2), to conclude that Dube was not disabled.

The Commissioner moves for an order affirming the ALJ's decision, asserting that it was supported by substantial evidence in the record.³ This court has jurisdiction under 42 U.S.C. § 405(g). After review of the administrative record, the court grants Dube's motion, denies the Commissioner's motion, and remands the case.

I. APPLICABLE LEGAL STANDARD

The court's review under Section 405(g) is “limited to determining whether the ALJ deployed the proper legal standards and found facts upon the proper quantum of evidence.” Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir.1999). If the ALJ's factual findings are supported by substantial evidence in the record, they are conclusive, even if the Court does not agree with the ALJ's decision and other evidence supports a contrary conclusion. See Tsarelka v. Sec'y of Health & Human Servs., 842 F.2d 529, 535 (1st Cir.1988). Substantial evidence is “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) (quotations omitted). The ALJ is responsible for determining issues of credibility, resolving conflicting evidence, and drawing inferences from the evidence in the record. See Rodriguez v. Sec'y of Health & Human Servs., 647 F.2d 218, 222 (1st Cir.1981); Pires v. Astrue, 553 F.Supp.2d 15, 21 (D.Mass.2008) (“resolution of conflicts in the evidence or questions of credibility is outside the court's purview, and thus where the record supports more than one outcome, the ALJ's view prevails”). The ALJ's findings are not conclusive, however, if they were “derived by ignoring evidence, misapplying the law, or judging matters entrusted to experts.” Nguyen, 172 F.3d at 35. If the ALJ made a legal or factual error, the decision may be reversed and remanded to consider new, material evidence, or to apply the correct legal standard. Manso–Pizarro v. Sec'y of Health & Human Servs., 76 F.3d 15, 16, 19 (1st Cir.1996); see 42 U.S.C. § 405(g).

II. BACKGROUND

The parties submitted a Joint Statement of Material Facts (document no. 12) which is part of the court's record. See LR 9.1(d). The facts included in that statement are outlined here to the extent necessary to provide adequate background for the analysis that follows. Because the court is reversing the ALJ's order on the basis that the ALJ improperly ignored relevant psychiatric evidence, the recitation below will focus on evidence of Dube's psychological, not physical impairments.

A. Procedural history

During the summer of 2007, Dube, then 41 years old, applied for disability benefits and supplemental security income benefits claiming he was disabled since July 15, 2006 due to debilitating knee pain resulting from torn cartilage and arthritis. He claimed that he was in constant pain, couldn't stand or walk for long periods of time, and needed to use “a crutch.” Admin. R. 106. The Social Security Administration denied Dube's claims in September 2007, determining that his impairment was “not severe enough by SSA rules” to be considered disabled, and that he was capable of performing light duty work. Id. at 37. In his appeal of that denial, Dube continued to claim he experienced debilitating knee pain, and additionally claimed he suffered from depression beginning in November 2007. Id. at 114. On June 26, 2008, a Federal reviewing official, see 20 C.F.R. § 405.1(b)(2), denied Dube's claim after specifically considering both his chronic knee pain and depression. Admin. R. 42–44. The review official concluded that Dube's “condition is not severe enough to keep you from working” and denied his applications for benefits. Id. at 44. Dube appealed that decision to the ALJ, see 20 C.F.R. § 405.1(b)(3), who, after a hearing, affirmed the denial of his claim. Admin. R. 7–15. The ALJ concluded that although Dube's knee pain and depression were severe impairments,⁴see 20 C.F.R. § 404.1520(a)(4)(ii), he retained the residual functional capacity to perform light work “allowing for the postural functions occasionally.” Admin. R. 12. The ALJ concluded that Dube's impairments precluded him from returning to his former work as a lumber inspector, see 20 C.F.R. § 404.1520(a)(4)(iv), but given his residual functional capacity, age, and experience, he was capable of performing in a significant number of jobs in the national economy and was not disabled. Admin. R. 12–14; see generally 20 C.F.R. § 404.1520(a)(4)(v), pt. 404, subpt. P, App. 2, § 202. Dube filed a request to review the ALJ's decision, however, the Decision Review Board, see generally id. § 405.401, did not complete its review in a timely fashion, see id. § 405.415, rendering the ALJ's decision the final decision of the Commissioner. See id. This appeal followed.

B. Medical and work history evidence before the ALJ

Although most of the evidence in the administrative file pertains to the functional limitations arising from Dube's knee pain, the issues raised by Dube involve the limiting effects of his depression. Therefore, the court recites only that evidence relevant to Dube's appeal, namely the state of his mental health.

Dube underwent a psychological evaluation conducted by Dr. Douglas B. Southworth in November 2007.⁵ Dr. Southworth diagnosed Dube with a “[d]ysthymic disorder chronic ⁶ [and] current major depression, [first] episode, moderate.” Admin. R. 210. He noted that Dube suffered from knee problems, and that he had “secondary depression complicated by an anger management problem and current marital separation.” Id. at 208. ⁷

Overall, Dr. Southworth's evaluation presents a somewhat unclear picture of the state of Dube's mental health. Dr. Southworth noted that Dube appeared “well groomed, pleasant, [and] cooperative,” and his speech was clear and normal in pace and tone. Id. at 208. Dube had good recall, and although Dube's affect was “mildly blunted,” he exhibited “[n]o psychotic or manic symptoms.” Id. Functionally, Dr. Southworth concluded that Dube had a “marked” functional loss in performance of his daily activities due to “[p]ersistent sleep disturbance [and] current[ ] homeless[ness].” Id. at 209. Dr. Southworth predicted that Dube would have a constant and severe limitation of his work related/task performance “due to [Dube's] orthopedic problem [although] [h]is concentration [and] intelligence appear good.” Id. Dr. Southworth opined that he “expect[ed] repeated” functional loss due to work related stress, but explained that it is “[u]nclear because [Dube] has not yet been placed in any training or trial job by [vocational rehabilitation services]. He will likely need to make major changes from previous employment in [the] timber industry.” Id.

Although Dr. Southworth predicted that the probability that Dube could return to gainful employment was “[f]air,” he stated that he “expect[ed] some challenges” and that Dube's general level of function would be “[m]arkedly [l]imited” because his “knee function cannot be corrected.” Id. at 210. In sum, he anticipated that Dube would not be able to return to work for three to four years, noting that a “combination of orthopedic and psychiatric factors should be considered in a disability determination.” Id. Dr. Southworth recommended that Dube have a further psychiatric evaluation to determine a course of therapeutic treatment and medication. Id.

In January 2008, the New Hampshire Department of Health and Human Services concluded that Dube was eligible for state disability benefits based on both his history of knee problems and mental health impairments noted by Dr. Southworth. Significantly, Dube's disability evaluation specifically noted Dr. Southworth's finding that Dube would be unable to return to work for three to four years in concluding that he was eligible for benefits. Id. at 280–284.

Later that month, complaining of disturbed sleep and appetite, feelings of sadness, hopelessness and helplessness, Dube sought mental health services from the Northern Human Services Mental Health Center. As a...