Lindberg v. Comm'r of Soc. Sec.
| Decision Date | 25 July 2012 |
| Docket Number | Civ. No. 11-2396 (PJS/JJG) |
| Parties | Ronald L. Lindberg, Plaintiff, v. Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — District of Minnesota |
REPORT AND RECOMMENDATION
Plaintiff Ronald L. Lindberg seeks judicial review of the administrative denial of his application for Social Security disability insurance benefits and supplemental security income. The case was referred to this Court for a report and recommendation pursuant to 28 U.S.C. § 636(b) and is presently before the Court on cross-motions for summary judgment.
Plaintiff asserts two errors by the Defendant Commissioner of Social Security: (1) that the Administrative Law Judge (ALJ) erroneously concluded that Plaintiff's substance abuse was a materially factor contributing to his disability; and (2) that the ALJ failed to attach a Psychiatric Review Technique Form (PRTF) and insufficiently addressed the paragraph B and C criteria of 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 12.04. For the reasons stated below, the Court recommends that Plaintiff's Motion be denied and Defendant's motion be granted.
Plaintiff filed for disability insurance benefits (DIB) on February 7, 2008 and supplemental security income (SSI) on February 25, 2008, alleging disability onset as of February 1, 2006. (R. at 8.) His alleged disabilities included the mental impairments ofbipolar disorder and substance addiction disorder. (R. at 11.) Plaintiff's claims were initially denied on May 20, 2008, and on reconsideration on August 20, 2008. (R. at 8.) Plaintiff timely requested a hearing before an ALJ on August 20, 2008. (R. at 8.) The Commissioner's review culminated in an adverse decision on May 19, 2010. (R. at 19.)
Plaintiff, a Level I Sexual Offender (R. at 441), has a history of chemical dependence and psychological impairments. He has been hospitalized and committed to psychiatric facilities numerous times. Since the February 1, 2006 alleged disability onset, Plaintiff first sought medical care at St. Gabriel's Hospital emergency room on February 7, 2006. (R. at 271.) At St. Gabriel's, lab tests did not indicate any abnormality, but he did test positive for marijuana. (R. at 271.) He was found to have no medical problems and was released. (R. at 271.)
February 12, 2006 Plaintiff was admitted to the emergency room for recurring psychotic episodes, with flight of ideas and mood swings. (R. at 266.) When being admitted, he acknowledged significant alcohol use and stated he had had not been taking his medication. (R. at 266, 276, 282.) Plaintiff also tested positive for marijuana. (R. at 266.) Plaintiff was admitted to the hospital. (R. at 266.) Plaintiff reported his wife had attacked him and broke windows in his home. (R. at 274.) When Plaintiff restarted his course of medication, he responded very well and he was very stable on April 6, 2006, when he was provisionally discharged. (R. at 266.) Plaintiff was discharged to live at home with his parents, continue treatment at Northern Pines Mental Health Center ("NPMHC") in Little Falls, Minnesota, have continuing psychosocial services, and return to work. (R. at 267.)
Plaintiff began treatment at NPMHC on April 10, 2006. (R. at 291.) When Plaintiff appeared for intake and an initial assessment at NPMHC, he reported feeling "happier than [he'd] felt for many, many years." (R. at 305.) He was diagnosed with: Bipolar Disorder, NOS; Alcohol Dependence; Cannabis Dependence; and Partner Relational Problems. (R. at 291.) The initial condition and prognosis was that Plaintiff's condition was "Fair to good w/ abstinence from chemicals & medication compliance." (R. at 291) Plaintiff's chief complaint on admission to NPMHC was that he needs to be on medications and the medications he was recently given for the first time were very helpful. (R. at 292.)
Plaintiff was examined by Dr. James D. Swenson, M.D., a consulting psychiatrist. (R. at 292.) Plaintiff reported that his chemical dependency dated back to when he was 11 years old. (R. at 293.) Plaintiff's thought processes were determined to be logical, but he remembered times where they were illogical. (R. at 295.) Further, Plaintiff's associations were classified as "intact." (R. at 293.) Plaintiff reported periods of being psychotic, filled with confusion and hallucinations. (R. at 293.) Dr. Swenson reported that Plaintiff was oriented to all spheres (R. at 293) and assigned a GAF score of 501 (R. at 296). Plaintiff was diagnosed with Major Depressive Disorder, NOS and Bipolar Disorder. (R. at 296.) Dr. Swenson also noted that Plaintiff's alcohol and cannabis dependence were in remission. (R. at 296.) Most importantly, Dr. Swenson recommended Plaintiff stay in therapy and continue his chemical dependence support. (R. at 297.) Swenson saw no need for further testing, but noted that he would continue to monitor Plaintiff. (R. at 297.)
Plaintiff continued to receive therapy at NPMHC for several months. He acknowledged notable developments in his feelings and emotional and psychological progress. For example, Plaintiff noted that he was avoiding friends who had previously been negative influences on his decision-making. (R. at 305.) He reported that he had avoided using drugs and alcohol since his discharge. (R. at 305.) While Plaintiff was unemployed at the time, he expressed a "desire and need to find work." (R. at 306.) Moreover, Plaintiff had a very regimented schedule that consisted of waking at 6:30 a.m., taking medications, going on a two-mile walk, and going to bed between 9:30-10:30 p.m. (R. at 306.) Later on, Plaintiff noted that he was "doing relatively well." (R. at 304.) Plaintiff had established numerous goals for himself that included getting a job, his own place, and his driver's license. (R. at 304.)
In June 2006, Plaintiff obtained full-time employment that he quit after two weeks "due to incompatibility of the type of work . . . with his medications and side effects." (R. at 302.) Plaintiff reported that, while he had been feeling lethargic, his lethargy was waning since changes in his medication regimen. (R. at 302.) Plaintiff "reported in general he is feeling better with regard to his mental and physical well-being." (R. at 302.) Having made sober friends, Plaintiff was resisting urges to drink alcohol. (R. at 302.) Plaintiff reported frustration that his estranged wife was attempting to contact him, despite his having obtained a restraining order against her. (R. at 302.) The record does not indicate that Plaintiff began to drink or became noncompliant with his medication as a result of any added stress of his wife's attempts to contact him.
In July 2006, Plaintiff was "attending AA meetings, exercising, fishing when possible, watching television, reading, and helping his parents as needed." (R. at 300.) He reportedfeeling "okay . . . a little better . . . no crazy thoughts." (R. at 300.) In September 2006, Plaintiff presented with "bright affect" and noted that his feelings of lethargy were absent. (R. at 299.) Plaintiff's general demeanor at his September 11, 2006, therapy session was positive. (R. at 299 ().)
Plaintiff's next therapy session, in November 2006, was similarly positive. Despite having some understandable concerns regarding a hearing to reinstate his driver's license and mounting debt during his unemployment, Plaintiff denied that his worries were problematic and reported he was "managing it with positive thinking." (R. at 298.) Plaintiff reported eating healthy, exercising, having an even mood, and he denied using or having urges to use alcohol. (R. at 298.) In December 2006, Plaintiff met with his family practice physician Dr. James Gehant, M.D., who reported that Plaintiff was only taking Zoloft regularly, was "doing fine," his mood was good, his sleep and appetite were good, and he was "interacting with folks OK and indeed seem[ed] to be very pleasant and well adapted right now." (R. at 318.) Plaintiff reported that while he did not regularly drink, he would have a drink on a rare occasion. (R. at 318.)
In October 2007, Plaintiff's brother committed suicide. (R. at 11.) The effect of that stressful event is evident from Plaintiff's subsequent actions. Plaintiff next visited a hospital in December 2007, when he went to St. Gabriel's Hospital emergency room. (R. at 332.) Plaintiff was intoxicated, and exhibiting hypomanic symptoms. (R. at 332-33.) Plaintiff was discharged to a detox center. (R. at 333.) Later in December 2007, police took Plaintiff to St. Gabriel's after they found him intoxicated. He reported being off all his medications, he was using alcohol and drugs, and he had no interest in quitting either. (R. at 327, 340, 346, 394,710.) Plaintiff was placed on a 72-hour hold, at least in part based on his homicidal thoughts, abusive language, and threatening gestures. (R. at 327.) Plaintiff threatened to slit his mother's neck and reported that he had a gun hidden. (R. at 327.) While Plaintiff's mood stabilized and his condition improved during the 72-hour hold, he was discharged to Baxter Community Behavioral Hospital (Baxter) for further treatment of his bipolar disorder. (R. at 353-54, 433-35.)
During his one-month treatment at Baxter, Plaintiff attributed the most recent set of incidents to stress resulting from his brother's suicide. (R. at 439.) After his brother died, Plaintiff began drinking "and his Bipolar symptomatology was then evident by his reportedly increasing bizarre behavior." (R. at 439.) During his time at Baxter, Plaintiff reported he was "peaceful about being [there]" and that he felt good about a positive relationship he had with a significant other. (R. at 440.)
Plaintiff underwent a psychiatric evaluation by Geoffrey Murrey, Ph.D., L.P., at Baxter in which Dr. Murrey noted weaknesses in ...
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