Lagace v. Saul
| Decision Date | 07 May 2021 |
| Docket Number | No. 19-cv-12421-DLC,19-cv-12421-DLC |
| Parties | Francis R. LAGACE, Plaintiff, v. Andrew SAUL, Commissioner of the Social Security Administration, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
Morris Greenberg, Green & Greenberg, Providence, RI, for Plaintiff.
Daniel S. Tarabelli, Social Security Administration Office of the General Counsel, Boston, MA, for Defendant.
ORDER ON PLAINTIFF FRANCIS LAGACE'S MOTION TO REVERSE AND COMMISSIONER'S MOTION TO AFFIRM
Plaintiff Francis Lagace ("the plaintiff") brings this action pursuant to 42 U.S.C. § 405(g) challenging the final decision of the Commissioner of the Social Security Administration ("the Commissioner") denying his claim for disability insurance benefits ("DIB") based on mental and physical impairments. The plaintiff moves to reverse the Commissioner's decision and remand the matter for further consideration; the Commissioner in turn moves to affirm. (D. 14, 18). At issue is whether the Administrative Law Judge ("ALJ") failed to properly consider certain pieces of evidence bearing on the plaintiff's residual functional capacity to work. Discerning no error, the court will deny the plaintiff's motion to reverse and allow the Commissioner's motion to affirm.
The plaintiff applied for DIB on November 22, 2017, alleging a disability beginning on July 6, 2016. (D. 9, Social Security Administration ("SSA") Administrative Record of Social Security Proceedings (R. 331-32, 431)). The SSA denied the application once on April 19, 2018, and then again on August 16, 2018, following a request for reconsideration. (R. 265-68, 270-73). On July 31, 2019, an ALJ found, following an administrative hearing, that the plaintiff was not disabled. (R. 23). On November 12, 2019, an Appeals Council denied the plaintiff's request for review, making that decision the Commissioner's final decision for purposes of this matter, which the plaintiff timely initiated on November 26, 2019. (R. 1-7; D. 1).
The plaintiff was 54 years of age at the time of his date last insured, that is, December 31, 2017. He attended four or more years of college. He worked as a project representative/clerk in the construction setting, a job considered a skilled position requiring prolonged sitting, standing, and walking. (R. 245, 347-348). He alleged a disability beginning July 6, 2016, as a result of severe anxiety, post-traumatic stress disorder
("PTSD"), depression, and chronic lower back pain related to lumbar degenerative disc disease. (R. 431).
Prior to his date last insured (December 31, 2017), the plaintiff received outpatient mental health treatment at the Massachusetts General Hospital ("MGH"), principally from Psychologist Dr. Timothy Petersen and Psychiatrist Dr. John Matthews, who had treated the plaintiff since 2014.
At a July 25, 2016 visit, the plaintiff's mood was noted to be stable overall, and his "interest, energy, appetite, sleep, concentration, and motivation good." (R. 455). He reported that he was tolerating his medications and experiencing no panic attacks, although he did have increased anxiety over finances. (Id.).
Dr. Petersen's notes indicate that the plaintiff throughout August 2016 was experiencing stress in connection with his personal life. His prescriptions for depression and anxiety included Wellbutrin
, Klonopin, and Cymbalta ; his prescriptions for pain included Neurontin, Robaxin, and Relafen. (R. 458, 485, 489).
Dr. Matthews reported following a September 14, 2016 visit that the plaintiff told of a "fluctuating depressed mood that tends to worsen when he is judged or criticized by friends and family," but noted that the plaintiff was "not experiencing persistent depressed mood or persistent loss of interest," and was "able to enjoy his hobbies." (R. 462). Dr. Matthews noted after a visit on September 19, 2016 that the plaintiff had used alcohol excessively over the years "to help his anxiety," but noted also that the plaintiff's functional history showed independence in self-care, albeit with "some decrease in IADLs (instrumental activities of daily living) and recreational activities secondary to pain." (R. 465) (definition added).
On October 3, 2016, Drs. Matthews and Petersen submitted a letter stating that the plaintiff suffers from "chronic symptoms consistent with the diagnoses of Major Depressive Disorder
, Panic Disorder without Agoraphobia, and Generalized Anxiety Disorder," and suffered daily symptoms that included depression, anxiety, and irritability related conditions. (R. 437). They assessed that the plaintiff's symptoms left him unable to "effectively negotiate interpersonal relationships," prevented him from "sustaining focus on any activity for more than a short period of time," and "prevent[ed] him from being gainfully employed." (Id.).
The plaintiff continued to see Dr. Matthews from the fall of 2016 through the spring of 2017. His notes indicate that the plaintiff suffered increased anxiety and stress due to financial problems and intermittent depression, although his medications were controlling his condition. (R. 468-69, 473, 475, 477, 478, 480).
At visits in April, May, and June 2017, the plaintiff reported poor finances and family-related stress as contributing to a worsening of his depression. (R. 477-80).
During the summer and into the fall of 2017, Dr. Matthews’ notes reflect that the plaintiff was experiencing stress related to the death of his mother but was "functioning in spite of the stress" with a "fluctuating depressed mood." (R. 481). The plaintiff experienced "some decreased concentration, decreased interest, interrupted sleep," but continued to tolerate his medications. (R. 482).
Dr. Petersen's notes from an August 21, 2017 evaluation similarly reflected that the plaintiff was experiencing a significant amount of anger, irritability, and confusion about his career direction. (R. 518).
In addition to treatment by Drs. Matthews and Petersen, the plaintiff visited MGH and Morton Hospital during 2016 and 2017 for unrelated physical ailments, during which observations bearing on his mental state were made. During one such visit in August 2016, his state was described as "mood and affect appropriate," (R. 456), and in the next visit "alert and oriented, no acute distress or anxieties today," (R. 459). Morton Hospital notes describe him on July 30, 2017 as having a "calm, normal affect," (R. 439). Mental status exams performed at MGH's Bulfinch Program in late summer 2017 indicated cooperative behavior, normal speech and language, even or angry mood, congruent affect, logical thought process, "appropriate to situation" thought content, no suicidal ideation
/self-harm, no hallucinations, no deficits in memory, intact attention, and above average intelligence. (R. 528-29, 538-39, 546-47). The plaintiff also did not experience significant side effects from his medications during this time period. (R. 517).
The plaintiff also received treatment from Debora Lynn, Ph.D., LICSW, of Changing Directions Counseling, beginning in the fall of 2017. Her notes indicated that the plaintiff continued to be diagnosed with "major depressive disorder
, recurrent, mild" and "panic disorder [episodic, paroxysmal anxiety]." (R. 600). During December 2017, Dr. Lynn noted that the plaintiff's response to his treatment plan was good and that his medication was effective. (R. 608, 611, 613).
With respect to treatment after his date last insured, the plaintiff saw Dr. Matthews again in 2018. His notes from a May 16, 2018 appointment indicate that the plaintiff had since his last visit suffered "a significant relapse
of depression with persistent depressed mood, decreased interest, decreased energy, decreased appetite, hypersomnia, decreased motivation." (R. 647). Dr. Matthews noted further that the plaintiff's back pain had worsened "[s]ince he has become depressed and off Effexor." (Id.) The plaintiff continued to see Dr. Matthews through the summer and fall of 2018 and followed a course of medications and Repetitive Transcranial magnetic stimulation ("rTMS"). (R. 853-82).
At a December 4, 2018 visit with Dr. Matthews, the plaintiff and his wife agreed that his depressive condition had improved some since he began taking Luvox
, allowing him to do more around the house and engage in activities. (R. 853).
During a visit the following month on January 8, 2019, the plaintiff reported that he had been feeling "a little apathetic," but that he continued to pursue his interest in real estate. (R. 843). He was tolerating his medications but reported some memory problems after 9 treatments of rTMS. (Id.). The plaintiff also reported an increase in back pain which he associated with an increase in his depression. (Id.).
In April 2019, the plaintiff attempted to participate in a partial hospitalization program for psychiatric care at Arbour-Fuller Hospital but was unable to follow through. (R. 732-44).
Dr. Matthews noted that on April 11, 2019 the plaintiff was "functioning well." (R. 803). He noted also that the plaintiff had been tapering off Luvox
without a worsening of depression, and he recommended that the plaintiff reduce the dose and discontinue it after two weeks. (Id.) The plaintiff reported intermittent panic attacks but also reported that Wellbutrin was helping his anxiety, and that he was not experiencing any delusions or hallucinations, suicidal thoughts, plans or intent, or any daytime sedation, dizziness or light-headedness. (Id.).
The plaintiff received physical health-related treatment both before and after the date last insured. On September 1, 2016, he saw Dr. George Cohen for a rheumatology consultation concerning pain in his right elbow and low back pain. (R. 490). An MRI showed "severe degenerative changes at L3 floor and a disc...
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