Jessica K. v. Saul
| Decision Date | 16 July 2020 |
| Docket Number | No. 19-cv-4380,19-cv-4380 |
| Parties | JESSICA K., 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 Jessica K.1 appeals the decision of the Commissioner of the Social Security Administration ("Commissioner") denying her disability benefits. The parties have filed cross motions for summary judgment.2 As detailed below, Plaintiff's motion for summary judgment [dkt. 10] is DENIED; Defendant's motion for summary judgment [dkt. 17] is GRANTED.
Plaintiff was born in 1979. Plaintiff alleged a disability onset date of March 15, 2015 in her applications for Disability Insurance Benefits ("DIB") and Supplemental Security Income ("SSI").3 [R. 306-318.] On September 6, 2018, after an administrative hearing, Administrative Law Judge ("ALJ") Kimberly Cromer issued an unfavorable decision. [R 19-33.] Plaintiffrequested Appeals Council review, which was denied on April 24, 2019. [R. 1-3.] Thus, the Decision of the Appeals Council is the final decision of the Commissioner. Plaintiff, through counsel, filed the instant action on June 28, 2019, seeking review of the Commissioner's most recent decision. [Dkt. 1.]
Plaintiff graduated high school and attended one year of college. [R. 496.] Plaintiff "reported that she was raped at the age of 16 but does not believe it had any effect on her life or symptoms." [R. 495.] Plaintiff was later married to a man who abused her, and was then in a relationship with an abusive boyfriend. [R. 81.]
Plaintiff stopped working in March 2015 because she "just flipped out." [R. 74.] Her mother had died a few months prior, she was in an abusive relationship, and her symptoms of depression, anxiety, and bipolar disorder came to the forefront. [R. 74-75.] Being around people exacerbated her anxiety. [R. 77.] She was unable to focus and would need to step away to take a break, and she also began missing days at work. [R. 76-77.] Her managers never expressed any problems with this behavior. [R. 76.] During her Behavioral Health Assessment, Plaintiff reported that she had quit her job because "it was 'too much spare time,' and she would have a lot of time to think about things which made her symptoms worse for her." [R. 581.]
Around March 2015, Plaintiff began to report anxiety and daily panic attacks with associated palpitations, shortness of breath, and chest pain. [R. 469, 472, 474, 477.] In April 2015, Plaintiff reported she was sexually assaulted by an acquaintance; she later filed a police report. [R. 82, 496-97, 477, 480, 582, 602, 624.] The day after her April 2015 acquaintance rape, Plaintiff was seen in the emergency department for suicidal ideation but no plan; Plaintiff testified that she was hospitalized at this time (but the Court cannot find any Record support that she was admitted). [R. 77, 472 (seen in ED), 496 ("held" at the emergency room), 505 (not admitted), 529 (seen in ED, allowed to go home).] At the time, Plaintiff was referred for specialized mental health services, including therapy, psychiatric medication management,and in-home community support services. [R. 469, 472, 474, 477.]
In June 2015, Plaintiff began receiving therapy from Melissa Kain, Q.M.H.P., and on June 18, 2015, Plaintiff underwent a Behavioral Health Assessment. [R. 495-501.] Mental status examination revealed an anxious, depressed, and despairing mood, and Plaintiff "cried and trembled throughout most of the assessment." [R. 498.] Plaintiff reported getting along with her family and children, and that "visiting with friends" was one of her activities. [R. 496-97.] Plaintiff also reported that she "wants to find a job." [R. 500.]
In July 2015, she began receiving psychiatric care with Dr. Nageswara Nagarakanti, M.D. [R. 507.] Plaintiff reported symptoms of isolation, decreased appetite and sleep, racing thoughts, edginess, crying spells, and feelings of helplessness and hopelessness. [R. 500-505.] She also reported recurrent thoughts of past physical abuse and the sexual assault that occurred in April 2015. Id. Dr. Nagarakanti diagnosed Plaintiff with major depressive disorder, anxiety disorder, and PTSD. [R. 506.]
In October 2015, Ms. Kain wrote a letter in support of Plaintiff's disability application, opining that Plaintiff was not psychiatrically stable as a result of debilitating mental illness, and thus, she was unable to work. [R. 588-89.] In January and February 2016, Ms. Kain documented several incidents during which Plaintiff injured herself by cutting. [R. 558, 563, 567.] On one such occasion, she went to the emergency room, where the triage note indicated Plaintiff "wanted to hurt [her]self," but denied any suicidal ideation. [R. 638.]
Plaintiff formally began receiving community support services in February 2016. [R. 26, 500, 775, 856-905.] These services were supposed to be provided once a week at Plaintiff's home, but they often occurred further apart, and many times only consisted of a short phone call between Plaintiff and her case manager rather than a home visit. [R. 856-905.] The community support services Plaintiff received consisted of, inter alia, listening to client's stressors and issues of concern; providing assistance with paperwork to receive public entitlements, loans, help paying utility bills, etc.; providing assistance withgathering documentation and prerequisites for medical appointments or disability eligibility; and occasionally accompanying Plaintiff to various governmental/public utilities. Id.
In February 2016, Plaintiff reported to Ms. Kain that she had stopped her self-injurious behavior. [R. 556.] She attributed the decrease in self-injury to having no contact with her abusive boyfriend, but also mentioned she was considering letting him move in with her. Id. In April 2016, Dr. Nagarakanti noted Plaintiff was somewhat less depressed, but was tearful during the session; the following month, she was hyperverbal with racing thoughts and a euthymic mood.4 [R. 596-97.] Plaintiff's March 2017, July 2017, January 2018, and March 2018 mental status examinations were relatively unremarkable, and Plaintiff was encouraged to see a therapist regularly. Id.
In April 2016, Plaintiff underwent a consultative psychiatric examination. [R. 686-89.] Cognitive functioning was relatively unremarkable. [R. 688.] Mental status examination revealed an anxious, nervous, and uneasy mood; speech quality was low, but interaction style was open. Id. The examiner diagnosed Plaintiff with bipolar I disorder, most recent episode depressed. [R. 689.] The examiner noted Plaintiff takes prescription medication, and works with a psychiatrist and two therapists. Id.
In August 2016, Ms. Kain completed a Function Report in which she opined that Plaintiff's mental impairments affect her ability to remember, complete tasks, concentrate, understand, follow instructions, and get along with others. [R. 389-96.] She noted that Plaintiff has fear and anxiety around others and isolates herself, and has no family support or friends. [R. 394-95.] Later that same month, in a second letter in support of Plaintiff's disability application, Ms. Kain again opined that Plaintiff was not psychiatrically stable due to debilitating mental illness, and is unable to work. [R. 774-76.]
In August 2016, Dr. Nagarakanti signed off on a Psychiatric Report (that appears to have been completed by Ms. Kain),5 opining that Plaintiff has serious limitations with the ability to independentlyinitiate, sustain, or complete tasks, understand, carry out, and remember instructions on a sustained basis, respond appropriately to supervisors, coworkers, and customary work pressure, and perform tasks on an autonomous basis without direct step-by-step supervision and direction. [R. 772.]
In November 2016, Janesa Roman, M.H.P./B.A., one of Plaintiff's case managers at the Association for Individual Development, submitted a letter in support of Plaintiff's request for reconsideration of her disability application, in which Ms. Roman stated that Plaintiff continued to struggle with low motivation, lack of self-care, psychiatric instability, financial instability, decreased appetite, and decreased sleep. [R. 915-16.] She noted that Plaintiff exhibits functional impairment as a result of her bipolar disorder, anxiety, and PTSD, and opined that her symptoms make it difficult for her to obtain or sustain employment. Id. She explained that Plaintiff is always on edge, overwhelmed, and shaky, and has been unable to maintain a job. Id.
In June of 2018, Dr. Nagarakanti noted that Plaintiff's "mental health has declined due to chronic stressors including history of abuse and trauma from domestic violence, job loss, loss of family home, etc." [R. 1055.] Dr. Nagarakanti noted that Plaintiff has "frequent panic attacks that cause her to leave work." [R. 1054.] Dr. Nagarakanti also opined that Plaintiff "is unable to manage symptoms and life stressors to work consistently." [R. 1055.]
Plaintiff testified at the Administrative hearing that a result of her PTSD, she cries daily and has a hard time being around people. [R. 83.] Plaintiff reported that her symptoms make her get overwhelmed when she has to do anything, particularly at work. [R. 86-87.] Plaintiff does not think she could even handle a simple job where she did not have to talk to anyone much. [R. 88.] In an April 2016 Psychological Evaluation, Plaintiff commented to the evaluator, "Physically I can work, but mentally, I haven't been in a space where I feel comfortable in a work-related environment." [R. 687.] In April 2016, Plaintiff had been applying for work, but gave up trying; Plaintiff reported that "she plans to return to work soon." Id. On October 7, 2016, Plaintiff reported to her case manager that she was fired from her job (see...
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