Jones v. Commissioner of Social Sec.

Decision Date15 July 2003
Docket NumberNo. 01-2315.,01-2315.
PartiesAngela M. JONES, Plaintiff-Appellee, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellant.
CourtU.S. Court of Appeals — Sixth Circuit

Kenneth F. Laritz (argued and briefed), Clinton Township, MI, for Plaintiff-Appellee.

John C. Hoyle (briefed), Sharon Swingle, (argued and briefed), U.S. Department of Justice, Civil Div., Appellate Div., Washington, D.C., Patricia G. Gaedeke, U.S. Attorney's Office, Detroit, MI, for Defendant-Appellant.

Before BOGGS, SUHRHEINRICH, and SILER, Circuit Judges.

OPINION

BOGGS, Circuit Judge.

In December 1999 and February 2000, Angela M. Jones applied for disability insurance benefits and supplemental security income, claiming that she had been disabled since August 23, 1999 as a result of severe panic attacks, an anxiety disorder, and a depressive disorder. After the denial of her application for benefits, Ms. Jones requested a hearing before an Administrative Law Judge (ALJ), who found that she was not disabled within the meaning of the Social Security Act (the Act). The ALJ's decision became the final decision of the Commissioner of Social Security (the Commissioner) and Ms. Jones subsequently sought judicial review of that decision by the district court. The district court held that the ALJ's findings were not supported by substantial evidence in the record and ruled in favor of Ms. Jones. The Commissioner now appeals the district court's judgment, arguing that there was substantial evidence in the record to support the ALJ's decision. We agree with the Commissioner and reverse the district court's decision.

I

Ms. Jones alleges that she has been unable to work since August 23, 1999, when she left her job as a machine operator in a plastics company. She was 28 years old at the time and had previously worked as a recycling collector, a waitress, and a babysitter. Ms. Jones continued to apply for jobs, but reported that she was unable to sustain them for more than a few hours because of panic attacks and crying spells, which would cause her to leave work.

Ms. Jones first sought medical treatment for her condition on November 6, 1999, at a local health center, where she was diagnosed as having a panic disorder with agoraphobia, and a recurrent major depressive disorder, pending an initial evaluation by a psychiatrist. On November 23, 1999, Ms. Jones was seen by Dr. Burgoyne, a psychiatrist at the center, who noted that she complained of longstanding panic attacks, depression, insomnia, low motivation and dizzy spells on most days, but that she was "very organized," and was peaceful in appearance. He prescribed Imipramine and Xanax.

On December 11, Dr. Burgoyne again saw Ms. Jones, for a formal evaluation of her condition. After listing the various symptoms reported by Ms. Jones, including the fact that she had left at least seven jobs since August 1999 as a result of her panic attacks, Dr. Burgoyne stated in his report that:

Ms. Jones presents as oriented to time, place, person, and situation. She is cooperative and does not demonstrate untoward anxiety. There are no signs of psychomotor deficit, physical limitation, or tremors. Her weight is proportionate to her height. Her clothing and self care are appropriate. Her thinking is organized, goal directed, spontaneous, and progressive. She denies suicidal and homicidal ideas. There are no significant form or content deficits in speech. Her mood is euthymic in appearance. Her affect is appropriate to the situation, however it does not reflect the depression and anxiety that she complains of.

Dr. Burgoyne further noted that Ms. Jones had reported an improvement in her condition over the last three weeks, "since she [had] been taking Imipramine 100mg, and Xanax .25 mg sublingual prn impending panic." Dr. Burgoyne assigned Ms. Jones a GAF (Global Assessment of Functioning) score of 55 and diagnosed her as having a "panic disorder with agoraphobia" and a mild first episode of major depression without psychotic features. The doctor continued her treatment with medication and directed that she return in a month for further analysis.

Ms. Jones also visited a counselor at the clinic: Kathleen Berrisford, MSW, CSW. On December 15, 1999, Berrisford reported that Ms. Jones was crying because she had "run out of gas," but that the medication was helping. On January 12, 2000, Berrisford reported that Ms. Jones was depressed most of the time, but noted that Ms. Jones was only taking one-third of her medications. On February 9, 2000, Berrisford reported that Ms. Jones was smiling and apparently felt better, concluding that the medication was having an impact on Ms. Jones's condition. In March 2000, however, Ms. Jones's condition appeared to worsen again. A different counselor, filling in for Berrisford, noted that Ms. Jones came late to the appointment, and that although Xanax had reduced the number of panic attacks and eliminated the reoccurring pains in her chest, Ms. Jones reported that she was "crying more days than not."

On March 28, 2000, Mary Gerwoll, a psychologist, examined Ms. Jones. She diagnosed Ms. Jones as having a mild recurrent major depressive order and a personality disorder with borderline features. Dr. Gerwoll noted that Ms. Jones's panic attacks were "situationally predisposed," and did not appear to meet the full criteria for a panic disorder. Dr. Gerwoll assigned Ms. Jones a GAF score of 60 and noted that her prognosis was "guarded — due to early onset and chronicity." In her notes on Ms. Jones's personal history, Dr. Gerwoll stated that "[s]ince being fired [Ms. Jones] has gotten about 20 jobs and just walked out."

In April 2000, a clinical assessment form reflected that Ms. Jones's status was improving and that she was to start taking 20mg of Paxil in addition to Imipramine and Xanax. On April 9, 2000, Dr. Kriauciunias, a licensed psychologist, reviewed Ms. Jones's file and filled out a Psychiatric Review Form for the Social Security Administration. Dr. Kriauciunias concluded that Ms. Jones suffered from an affective disorder and a personality disorder, and checked the box that stated "a severe impairment is present which does not meet or equal a listed impairment." Dr. Kriauciunias's functional assessment was that Ms. Jones was moderately limited in her ability to remember detailed instructions, to maintain regular attendance, attention, and concentration for extended periods, and also in her ability to interact with the general public. However Dr. Kriauciunias concluded that she could perform simple, low-stress unskilled work.

In June and July of 2000, clinical assessment forms reflected that Ms. Jones's status was deteriorating. After an appointment on June 28, 2000, Berrisford reported that Ms. Jones was depressed, crying, unmotivated, missing appointments, and sleeping night and day. According to Berrisford, Ms. Jones regarded the medications as no longer working, since she was experiencing a "loss of concentration, fatigue, loss of all pleasure, [and could not] work or socialize," but she was not suicidal. In July, Dr. Burgoyne adjusted her medication by lowering the amount of Paxil and increasing her dosage of Imipramine, in an effort to return to the dosages being taken by Ms. Jones in May, when she had been feeling better.

On August 1, 2000, a clinical assessment form filled out by Dr. Burgoyne reflected that Ms. Jones was once again improving, but prescribed a new drug for Ms. Jones, Depakote, in order to deal with her "mood instability." Nevertheless, on August 19, another assessment form filled out by Dr. Burgoyne noted that the "gatekeeper" had not ordered Depakote and thus Ms. Jones had not yet been started on the drug. In addition, the form noted that she exhibited "mild pressured speech" and reported that she was unable to get out of bed three days a week, was irritable, angry, and depressed. On September 16, 2000, a clinical assessment form reflected that Ms. Jones was improving, although she had not yet begun taking Depakote. Ms. Jones denied having disabling panic and depression. At the hearing in October 2000, Ms. Jones testified that she was taking all four drugs.1

II The Administrative Law Judge's Hearing

The Social Security Act defines disability as the inability to engage in any substantial gainful activity by reason of a medically determinable physical or mental impairment that can be expected to result in death or that has lasted or can be expected to last for a continuous period of not less than 12 months. 42 U.S.C. §§ 423(d)(1)(A), (d)(2)(A); 20 C.F.R. § 404.1505; see also 20 C.F.R. § 404.1509. To be found disabled, Ms. Jones's impairments must not only prevent her from doing her previous work, but, considering her age (29 at the time of the ALJ's decision), education (eighth grade education), and work experience (machine operator, recycling collector, waitress, and babysitter), must also render her unable to engage in any other kind of work that exists in significant numbers in the national economy. 42 U.S.C. § 1382c(a)(3)(B); Bogle v. Sullivan, 998 F.2d 342, 347 (6th Cir.1993).

To determine if a claimant is disabled within the meaning of the Act, the ALJ employs a five-step inquiry defined in 20 C.F.R. § 404.1520; Abbott v. Sullivan, 905 F.2d 918, 923 (6th Cir.1990) (citing 20 C.F.R. § 404.1520). Through step four, the claimant bears the burden of proving the existence and severity of limitations caused by her impairments and the fact that she is precluded from performing her past relevant work, but at step five of the inquiry, which is the focus of this case, the burden shifts to the Commissioner to identify a significant number of jobs in the economy that accommodate the claimant's residual functional capacity (determined at step four) and vocational profile. See Bowen v. Yuckert, 482 U.S. 137, 146 n. 5, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987).

At the...

To continue reading

Request your trial
4018 cases
  • Rogers v. Barnhart
    • United States
    • United States District Courts. 7th Circuit. United States District Court (Northern District of Illinois)
    • August 1, 2006
    ...an opinion is inconsistent with progress notes it may be discounted. Skarbek, 390 F.3d at 503. See also Jones v. Commissioner of Social Security, 336 F.3d 469, 476-77 (6th Cir.2003)(failure to discuss crying spells and panic with doctor is a basis for discounting the testimony); Richmond v.......
  • Picklesimer v. Colvin, 3:13-1457
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee
    • October 13, 2015
    ...of Soc. Sec., 581 F.3d 399, 406 (6th Cir. 2009) (quoting Key v. Callahan, 109 F.3d 270, 273 (6th Cir. 1997)); Jones v. Comm'r of Soc. Sec., 336 F.3d 469, 477 (6th Cir. 2003); Her v. Comm'r of Soc. Sec., 203 F.3d 388, 389-90 (6th Cir. 1999). Substantial evidence is defined as "more than a me......
  • Trenholme v. Colvin
    • United States
    • United States District Courts. 6th Circuit. United States District Court of Middle District of Tennessee
    • January 15, 2014
    ...of Soc. Sec., 581 F.3d 399, 406 (6th Cir. 2009) (quoting Key v. Callahan, 109 F.3d 270, 273 (6th Cir. 1997)); Jones v. Comm'r of Soc. Sec., 336 F.3d 469, 477 (6th Cir. 2003); Her v. Comm'r of Soc. Sec., 203 F.3d 388, 389-90 (6th Cir. 1999). Substantial evidence is defined as "more than a me......
  • Doyle v. Carolyn W. Colvin Comm'r of Soc. Sec.
    • United States
    • United States District Courts. 6th Circuit. United States District Court (Eastern District of Michigan)
    • July 28, 2014
    ...to support a conclusion." Cutlip v. Sec'y of Health & Human Servs., 25 F.3d 284, 286 (6th Cir. 1994). See also Jones v. Comm'r of Soc. Sec., 336 F.3d 469, 475 (6th Cir. 2003). "[T]he . . . standard is met if a 'reasonable mind might accept the relevant evidence as adequate to support a conc......
  • Request a trial to view additional results
6 books & journal articles
  • Case Index
    • United States
    • James Publishing Practical Law Books Bohr's Social Security Issues Annotated - Volume I
    • May 4, 2015
    ...F.3d 470 (7th Cir. June 29, 2004), 7th-04 Jones v. Astrue , 623 F.3d 1155 (7th Cir. Oct. 22, 2010), 7th-10 Jones v. Comm’r of Soc. Sec. , 336 F.3d 469 (6th Cir. July 15, 2003), 6th-03 Karlix v. Barnhart , 457 F.3d 742 (8th Cir. Aug. 3, 2006), 8th-06 McDade v. Astrue , 720 F.3d 994 (8th Cir.......
  • Standards of Review and Federal Court Remedies
    • United States
    • James Publishing Practical Law Books Social Security Disability Advocate's Handbook Content
    • May 4, 2020
    ...some other type of substantial gainful jobs. See, e.g., Bauzo v. Bowen , 803 F.2d 917, 923 (7th Cir. 1986); Jones v. Comm’r of Soc. Sec ., 336 F.3d 469, 474 (6th Cir. 2003). Harris sets out the difference between the burden of proof, and the burden of production: Our cases are inconsistent ......
  • Table of cases
    • United States
    • James Publishing Practical Law Books Archive Social Security Issues Annotated. Vol. II - 2014 Contents
    • August 3, 2014
    ...1107.19, 1210.12 Jones v. Chater , 86 F.3d 823, 826 (8th Cir. 1996), §§ 106.2, 106.8, 205.2, 804, 1205 Jones v. Comm’r of Soc. Sec. , 336 F.3d 469 (6th Cir. July 15, 2003), 6th-03 Jones v. Department of Health and Human Servs ., 941 F.2d 1529, 1534 (11th Cir. 1991), § 1505 Jones v. Harris ,......
  • Case index
    • United States
    • James Publishing Practical Law Books Archive Social Security Issues Annotated. Vol. I - 2014 Preliminary Sections
    • August 2, 2014
    ...470 (7 th Cir. June 29, 2004), 7 th -04 Jones v. Astrue , 623 F.3d 1155 (7 th Cir. Oct. 22, 2010), 7 th -10 Jones v. Comm’r of Soc. Sec. , 336 F.3d 469 (6 th Cir. July 15, 2003), 6 th -03 Karlix v. Barnhart, 457 F.3d 742 (8 th Cir. Aug. 3, 2006), 8 th -06 McDade v. Astrue , 720 F.3d 994 (8 ......
  • Request a trial to view additional results

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT