Kent v. Berryhill, CASE NO. 16-CV-22401-JJO
| Decision Date | 27 July 2017 |
| Docket Number | CASE NO. 16-CV-22401-JJO |
| Parties | EULELIA KENT, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security Administration, Defendant. |
| Court | U.S. District Court — Southern District of Florida |
THIS MATTER is before the Court on the Plaintiff's Motion for Summary Judgment (DE# 24, 12/08/2016) and the Defendant's Motion for Summary Judgment (DE# 25, 1/09/2017). The plaintiff requests the final decision of the Commissioner of Social Security be reversed and Disability Insurance Benefits ("DIB") be granted under Title II of the Social Security Act ("SSA"). In the alternative, the plaintiff requests the final decision of the Commissioner of Social Security be vacated and the case be remanded for further administrative proceedings. The complaint was filed pursuant to the Social Security Act ("SSA"), 42 U.S.C. §405(g), and is properly before the Court for judicial review of a final decision of the Commissioner of the SSA. The parties consented to Magistrate Judge jurisdiction, (DE# 22, 10/24/2016), and this matter was reassigned to the undersigned pursuant to Judge Altonaga's Order dated October 24, 2016. (DE# 19, 10/24/2016). Having carefully considered the filings and applicable law, the undersigned enters the following Order.
On May 15, 2012, Eulelia Kent ("the plaintiff") filed an application for Supplemental Security Income (hereinafter "SSI"). (Tr. 183-91).2 The plaintiff's application was initially denied on July 13, 2012, and was denied again on reconsideration on September 7, 2012. (Tr. 104-109, 112-116). The plaintiff requested a hearing before an administrative law judge ("ALJ") which was held on July 8, 2014. (Tr. 35-77). On January 23, 2015, the ALJ denied the plaintiff's application. (Tr. 17-29). The plaintiff filed an appeal to the Appeals Council requesting review of the ALJ's decision. (Tr. 11). The Appeals Council denied the plaintiff's request for review on May 13, 2016. (Tr. 1-6). The plaintiff has exhausted her administrative remedies and this case is ripe for review under 42 U.S.C.§ 1383(c)(3).
The plaintiff was born on July 6, 1976, and, according to her Adult Disability Report, Form SSA-3368, the plaintiff completed twelfth grade in November 2001. (Tr. 201, 205). The plaintiff's work history is limited, with only minimal earnings from unskilled positions. (Tr. 195-98). The plaintiff earned less than $6,000.00 in the years 1997, 1998 and 1999. (Id.). The plaintiff earned less than $8,400.00 in the years 2000 through 2009. (Id.). The plaintiff stopped working on May 1, 2009. (Tr. 205). The plaintiff alleges that her manic depression, suicidal thoughts and human immunodeficiency virus (HIV) positive status caused her to be disabled as of April, 9, 2009. (Id.). However, clinical notes for admit dates of October 4, 2013, and January27, 2014, indicate that the plaintiff works Saturdays at a Club as a DJ. (Tr. 919, 943). The plaintiff believes she is unable to work because she is snappy, moody, irritable, nervous, forgetful, has problems concentrating, has zero tolerance for being around other people, she cries frequently, has many doctor's appointments and is frequently in too much pain to leave her home. (Tr. 62-63).
On July 8, 2014, the plaintiff testified that she lives with six family members. (Tr. 44). The plaintiff further testified she does not help these family members with any housework. (Tr. 47). The plaintiff admitted she is able to maintain her hygiene, cook her food and perform other domestic activities, if needed. (Tr. 51). The plaintiff has had multiple romantic partners including an on-and-off boyfriend of over twelve years to whom the plaintiff was engaged. (Tr. 562, 592). The plaintiff rides public transportation for about an hour to go to her boyfriend's house. (Tr. 47-48). The plaintiff's boyfriend drove the plaintiff to the July 8, 2014, hearing and the boyfriend financially supports the plaintiff. (Tr. 47-48, 944).
The plaintiff testified she can sit, stand and walk for thirty minutes without difficulty. (Tr. 58-59). The plaintiff testified to having pain on the left side of her body, including her hand, arm, leg and foot. (Tr. 58). The plaintiff claims her left hand and left foot are susceptible to cramping. (Id.). The plaintiff testified that sometimes she is able to lift her left hand over her head. (Tr. 58, 64). Her right hand has no issues. (Tr. 63). The plaintiff estimates she can lift and carry less than ten pounds without difficulty. (Tr. 59). The plaintiff suffers pseudotumor cerebri3 and testified she experiences pressure behind her eye, causing headaches lasting about threehours. (Tr. 69-70, 309). The plaintiff is also obese. (Tr. 609).4
The plaintiff testified to having a history of substance abuse, which she claims to have quit in 2009, with a three to four week cocaine relapse in 2012. (Tr. 67, 336, 352). At the ALJ hearing, the plaintiff claimed , with respect to a conviction for food stamp fraud, that she was found guilty of a crime that she did not commit. (Tr. 52-55). The plaintiff also reportedly smokes 3-4 cigarettes per day and drinks 1-2 cups of Hennessy each Saturday. (Tr. 919, 943).
The plaintiff, through her friend Thaddeus Stewart, yet written in the first person, completed an Adult Function Report, Form SSA-3373-BK. (Tr. 215-23). In the report, the plaintiff stated she does not need special reminders to take care of personal needs or help or reminders taking medicine. (Tr. 218). The plaintiff stated she cleans her room and bathroom for approximately an hour without the need of help or encouragement. (Id.). The plaintiff stated she uses public transportation by herself and shops in stores for food/personal items once a month. (Tr. 219). The plaintiff claimed that her illness has not interfered with her ability to pay bills, count change, handle a savings account and use a checkbook or money orders. (Tr. 219-20). The plaintiff said she watches television everyday and does a few word search puzzles on most days. (Tr. 220). The plaintiff stated she plays cards and watches movies with others "not too often." (Id.). The plaintiff stated she has no problems getting along with family, friends, neighbors, or others. (Tr. 221). The plaintiff stated she can pay attention for two or three hours and follow written instructions "pretty good." (Id.). The plaintiff further stated (Id.). The plaintiff stated "I can get along pretty good with authority figures." (Tr. 222). The plaintiff has never been fired or laid off from a job because of problems getting along with other people. (Id.). The plaintiff further stated she does not handle stress "too well" and is "not good" at handling changes in routine. (Id.). The plaintiff claimed she was taking medication at the time of completing the function report, and had no side affects from those medications. (Tr. 223).
The plaintiff was diagnosed with HIV in April 2009, at Jessie Trice Outpatient Medical Center. (Tr. 309). The plaintiff began treatment with Dr. Susanne Doblecki-Lewis, M.D., (hereinafter "Dr. Doblecki") a special immunology physician at Jackson Memorial Hospital in October 2011. (Tr. 512). The plaintiff elected to delay HAART5 treatment with Atripla6 until 2012 because her CD4 count was within a healthy range.7 (Tr. 309, 454). On April 16, 2013, Dr. Doblecki noted the plaintiff was doing well with the treatment, except for some bizarre dreams that were resolved. (Tr. 454). On April 1, 2014, Dr. Doblecki noted the plaintiff was not takingAtripla consistently. (Tr. 602). Dr. Doblecki needed to counsel the plaintiff regarding taking the medication as directed to avoid virological failure and drug resistance. (Id.). Dr. Doblecki's treatment notes show that the plaintiff was alert, oriented and had a comfortable appearance. (Tr. 524). Dr. Doblecki also noted that the plaintiff suffered from gastroesophageal reflux disease, anemia, menometrorrhagia8 and pseudotumor cerebri. (Tr. 454-55).
On July 8, 2014, Dr. Doblecki completed a Residual Functional Capacity (hereinafter "RFC") questionnaire concerning the plaintiff. (Tr. 513). Dr. Doblecki's responses to the questionnaire indicate that the plaintiff can sit, stand and walk for less than two hours each day during an eight hour work day. (Tr. 512). Dr. Doblecki opined the plaintiff would need to sit or lie down for four hours each day in a work situation on an ongoing basis. (Id.). Dr. Doblecki also opined the plaintiff could lift, carry, push and pull less than ten pounds "frequently" and do the same with ten pounds "occasionally" in a competitive work situation.9 (Tr. 513). When prompted with a question concerning clinical findings that show the plaintiff's medical impairments, Dr. Doblecki responded "see psychiatric evaluations" and noted the plaintiff's CD4 count was above 600. (Tr. 512). Dr. Doblecki opined a psychiatric evaluation was needed to determine the full extent of the plaintiff's disability. (Tr. 513).
The plaintiff began treatment with psychiatrist Dr. Dominique Musselman, M.D., (hereinafter "Dr. Musselman") on October 4, 2013. (Tr. 501). Dr. Musselman saw the plaintiff three times, once in 2013 and twice in 2014. (Tr. 592-93, 920, 944). During each visit, Dr.Musselman noted the plaintiff was oriented to person, place, and time; had appropriate attire, hygiene, speech, and eye contact; was cooperative; had a coherent and goal oriented thought process; and had good/fair judgment. (Tr. 592-93, 920, 944). Dr. Musselman also noted the plaintiff had some difficulty in the cognitive domain of speed processing and motor speed. (Tr. 594). Dr. Musselman subjected the plaintiff to a grooved pegboard test and the results showed moderate impairment of the plaintiff's dominate hand and mild impairment of the...
To continue reading
Request your trial