Esther V. v. Saul
| Decision Date | 24 March 2021 |
| Docket Number | No. 19-cv-8093,19-cv-8093 |
| Parties | ESTHER V., Plaintiff, v. ANDREW M. SAUL, Commissioner of the Social Security Administration, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
MEMORANDUM OPINION AND ORDER
Plaintiff Esther V.1 appeals the decision of the Commissioner of the Social Security Administration ("Commissioner") denying her application for disability benefits. The parties have filed cross motions for summary judgment.2 As detailed below, Plaintiff's motion for summary judgment [dkt. 12] is DENIED and Defendant's motion for summary judgment [dkt. 21] is GRANTED. The final decision of the Commissioner denying benefits is affirmed.
1. BACKGROUND
1.1 Procedural History
Plaintiff protectively applied for disability and disability insurance benefits in September 2016, alleging she became disabled on August 24, 2016. Plaintiff was born in 1981, making her 35 years old on the alleged disability onset date. [R. 23.] Plaintiff's applications were denied initially and upon reconsideration. Id. Plaintiff appealed those denials and appeared at an August 8, 2018 Administrative Hearing before Administrative Law Judge ("ALJ")Edward P. Studzinski. [R. 31-55.] On November 21, 2018, ALJ Studzinski issued an unfavorable decision, concluding that Plaintiff had not established she was disabled during the period from her onset date through the date of the ALJ's decision. [R. 13-24.]
Plaintiff requested Appeals Council review, which was denied on October 7, 2019. [R. 1-6.] Thus, the Decision of the Appeals Council is the final decision of the Commissioner. 20 C.F.R. §404.981. Plaintiff, through counsel, filed the instant action on December 11, 2019, seeking review of the Commissioner's decision. [Dkt. 1.]
1.2 Relevant Medical Background
In October 2015, when Plaintiff was three months pregnant, her obstetrician referred her to psychiatry for increased anxiety. [R. 249.] On October 26, 2015, Plaintiff underwent an initial evaluation with Jessica Dube, APN. Id. At that time, Plaintiff reported that she had a lifelong history of anxiety, with her biggest panic trigger being the car (she reported panicking at red lights, especially in the far left turn lane). Id. She also reported panic attacks at the grocery store. Id. Examination revealed Plaintiff had multiple symptoms of anxiety, including fatigue, nervousness, restlessness, difficulty concentrating, irritability, sleep disturbance (Plaintiff reported she sometimes awoke with a panic attack), and muscle tension. Id. Nurse Dube diagnosed her with generalized anxiety disorder and panic disorder with agoraphobia, strongly advised Plaintiff to schedule therapy to learn anxiety and panic reduction techniques, and prescribed the antidepressant Zoloft. [R. 249, 252.] Plaintiff also reported to Nurse Dube "[s]he believes she will not take medication for anxiety if prescribed it, but will consider it." [R. 249.]
The following month Plaintiff presented for an initial evaluation with psychologist Dr. Kristyn Funasaki-Fiene, Ph.D. [R. 254.] Plaintiff reported to Dr. Funasaki-Fiene the Zoloft helped decrease her panic attacks. Id. One month later, in mid-December 2015, Plaintiff reported things were going well with her anxiety and she had not had any panic attacks recently. [R. 257.] However, other recordsindicate Plaintiff stopped taking Zoloft "after a few days of taking it" due to her pregnancy. [R. 301.]
In August 2016, after the birth of her child, Plaintiff presented to her primary care physician, Dr. Steven Harnrack, M.D., with generalized anxiety. Id. Dr. Harnrack reinitiated Zoloft, and recommended Plaintiff reestablish treatment with her psychologist. Id.
On September 22, 2016, Plaintiff returned to Dr. Funasaki-Fiene for therapy. [R. 303.] She reported increased panic attacks and fear when making left turns while driving. Id. She reported recently restarting Zoloft and that it helped, but her mood and affect were noted to be tired and frustrated. Id. Dr. Funasaki-Fiene diagnosed Plaintiff with generalized anxiety disorder and panic disorder with agoraphobia. Id. October 28, 2016, Plaintiff reported interpersonal and familial difficulties. [R. 305.] She also indicated "she still has anxiety related to driving, which she is still trying to push herself to practice exposure therapy." Id. In December 2016 and January 2017, Plaintiff reported, in large part, that she had been feeling more stressed, anxious, and depressed recently due to multiple familial stressors. [R. 307, 451.] In March 2017, Plaintiff reported feeling more anxious, and that her anxiety and not wanting to go out was affecting her marriage. [R. 500.] Dr. Funasaki-Fiene's diagnoses of anxiety disorder and panic disorder with agoraphobia remained the same. Id.
On April 19, 2017, Plaintiff presented for an initial examination with Dr. Ashmad Bashir, M.D., a psychiatrist. [R. 505.] Dr. Bashir noted that Plaintiff reported noncompliance with her medications, using her Zoloft "off and on," and her Xanax "3-4x a week." Id. She reported anxiety, irritability, worry, restlessness, and avoidance of leaving the home. Id. Plaintiff reported having anxiety attacks three to four times a week, lasting 30 to 60 minutes, with shortness of breath, palpitations, sweatiness, shaking, and dizziness. Id. Examination revealed "low" mood. [R. 508.] Dr. Bashir diagnosed Plaintiff with "major depressive disorder, recurrent episodes, moderate; R/O persistent depressive disorder (dysthymia); generalized anxiety disorder; specific phobia (heights);panic disorder with agoraphobia; and R/O social anxiety disorder."3 Id. Dr. Bashir adjusted Plaintiff's medications, and encouraged better medication compliance and continued psychotherapy. Id.
On June 20, 2017, Plaintiff reported medication compliance to Dr. Bashir, yet still reported feeling anxious most of the time and worrying excessively. [R. 510.] Examination revealed a sad mood, but logical thought process and fair attention. [R. 512.] Dr. Bashir again adjusted Plaintiff's medications (replacing Zoloft with a different antidepressant, Celexa) and endorsed his previous diagnoses. [R. 503.] Eight days later, Plaintiff had a visit with Dr. Funasaki-Fiene, at which she reported a high level of anxiety, as well as frustration in her marital relationship. [R. 515.] She reported not yet having started taking Calexa. Id. Dr. Funasaki-Fiene counseled Plaintiff "about starting on the Celexa, as prescribed by Dr. Bashir and to make more regular appointments with [Dr. Funasaki-Fiene] in order to learn additional anxiety reducing strategies..." Id. In July 2017, Plaintiff reported to Dr. Bashir she was doing better despite facing the same stressors, and reported difficulty sleeping and low energy. R. 517-520. Dr. Bashir increased her Celexa and prescribed a sleep aid. Id. On August 24, 2017, Plaintiff indicated to Dr. Funasaki-Fiene she was trying to go to the gym to help reduce her anxiety, and that she recently quit a job that increased her anxiety.4 [R. 522.]
Dr. Bashir's notes from September 2017 to June 2018 indicate that Plaintiff was, in large part, doing "okay," "fairly," or "so so." [R. 526, 529, 537, 540, 544, 547, 553, 556, 564, 567, 585, 588.] Dr. Funasaki-Fiene's notes from this time period describe Plaintiff as 'stable" and largely discuss how "she has been trying her best to manage her anxiety." [R. 531, 535, 542, 549, 562, 570, 576, 578, 583, 591.] On June 23, 2018, Plaintiff reported to Dr. Funasaki-Fiene "she has been more able to push through her anxiety and is happy about this" and reported that she was leaving the house at least oncea week to do something. [R. 591.]
On July 9, 2018, Dr. Funasaki-Fiene completed a Mental Residual Functional Capacity Statement. [R. 604-607.] Dr. Funasaki-Fiene endorsed diagnoses of generalized anxiety disorder and panic disorder with agoraphobia, and noted that these were chronic, permanent conditions that affect Plaintiff daily. [R. 607.] Among other things, she assigned Plaintiff a Global Assessment of Functioning ("GAF") score of 45, and indicated that, based upon her clinical observations and evaluations, Plaintiff's GAF score had not been higher than 50 in the past year.5 Id. Dr. Funasaki-Fiene also opined that Plaintiff "is fully incapable of acquiring and maintaining a job currently and in the future." [R. 604-07 at 606 (emphasis in original).]
At Step 1, the ALJ found that Plaintiff had not engaged in substantial gainful activity since her alleged onset date of August 24, 2016. [R. 15.] At Step 2, the ALJ found that Plaintiff had the severe impairments of anxiety and depression. Id. The ALJ determined that Plaintiff's obesity was a non-severe impairment. [R. 15-16.] At Step 3, the ALJ determined that Plaintiff did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments of 20 C.F.R. Part 404, Subpart P, App'x 1. [R. 16-17.] Before Step 4, the ALJ found that Plaintiff had the residual functional capacity ("RFC") to perform work at all exertional levels with the following limitations: no concentrated exposure to noise beyond a typical office environment; work in only non-hazardous environments; simple, routine tasks with no more thansimple decision-making and judgment, and no more than occasional and minor changes in work setting; no multi-tasking; work at only an average production pace, with no work requiring significant self-direction; no direct public service; only brief and superficial interaction incidental to job duties (with public, co-workers, or supervisors); no crowded or hectic environments; and no teamwork or tandem tasks. [R. 17.] At Steps 4 and 5, the ALJ found Plaintiff incapable of performing her past relevant work, but that other jobs existed in significant numbers in the national economy that Plaintiff would be able to perform. [R. 22-24...
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