Malone v. Comm'r of Soc. Sec.
| Decision Date | 06 August 2022 |
| Docket Number | 1:21-cv-01928 (GBD) (SDA) |
| Parties | Quennel W. Malone, Plaintiff, v. Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of New York |
REPORT & RECOMMENDATION
Plaintiff Quennel W. Malone (“Malone” or “Plaintiff”) brings this action, pursuant to Section 205(g) of the Social Security Act (the “Act”), 42 U.S.C. § 405(g), challenging the final decision of the Commissioner of Social Security (the “Commissioner”) that denied his application for Supplemental Security Income (“SSI”). (Compl ECF No. 1.) Presently before the Court are the parties' cross-motions, pursuant to Federal Rule of Civil Procedure 12(c), for judgment on the pleadings. (Pl.'s Not. of Mot., ECF No. 22; Comm'r Not. of Mot., ECF No. 26.) For the reasons set forth below, I respectfully recommend that Plaintiff's motion for judgment on the pleadings be DENIED and the Commissioner's cross-motion be GRANTED.
On October 18, 2017, Malone filed an application for SSI. The Social Security Administration (“SSA”) denied Malone's application on February 13, 2018 (R. 89-94), and he requested a hearing before an Administrative Law Judge (“ALJ”) on April 19, 2018. (R. 96-97.) On May 10 2019, a hearing was held before ALJ John Carlton in Bronx, New York. (R. 64-72.) Malone did not appear at the hearing, but was represented by his attorney, David Levine. (R. 66-67.) On February 19, 2020, a second hearing was held before ALJ Carlton. (R. 34-62.) Malone appeared and was represented at the second hearing by attorney Jacques Farhi. (R. 36.) On April 13, 2020, ALJ Carlton issued a decision denying Malone's claim. (R. 10-22.) Malone filed an appeal of the decision to the Appeals Council. (R. 190-93.) On January 7, 2021, the Appeals Council denied his request to review the ALJ's decision, thereby making the ALJ's decision the final decision of the Commissioner. (R. 1-6.) This action followed.
Malone was born on September 17, 1985. (R. 21.) He dropped out of school in the ninth grade and participated in a G.E.D. program in 2020. (R. 43.) Malone previously worked as a bag packer from February 2005 to July 2009; as a laborer in 2008; and in security from October 2011 to January 2012. (R. 87.) At the time of the February 19, 2020 hearing, Malone had been living in a friend's apartment, sleeping on the couch, for about two years. (R. 49.)
On October 9, 2017, Dr. Karamchand Rameshwar, Malone's treating psychiatrist at PSI Counseling Center, and Allen Sutton, a psychiatric nurse practitioner at PSI Counseling Center (“NPP Sutton”), completed a Treating Physician's Wellness Plan Report, in which they noted Malone's diagnoses as major depressive disorder, panic disorder with agoraphobia[2] and attention deficit hyperactivity disorder (“ADHD”). (R. 484-85.) The report also stated that Malone had anxiety and a learning disability and was unable to carry out normal functioning for long periods. (Id.) The report noted that Malone was taking Wellbutrin XL[3] and Klonopin.[4] (Id.)
On November 13, 2017, Malone saw NPP Sutton for medication management. (R. 46344.) NPP Sutton's mental status examination showed appropriate grooming; appropriate motor activity; cooperative attitude; normal speech; appropriate thought form; no delusions; no suicidal ideation or hallucinations; sad affect and mood; good concentration; good short-term recall; fair recall and retention; and fair judgment. (R. 463.) NPP Sutton prescribed Wellbutrin XL and Klonopin and recommended monthly medication management and bi-weekly psychotherapy. (R. 464.)
On December 11, 2017, Malone saw NPP Sutton for medication management and reported family problems and feeling depressed. (R. 738-39.) Malone was alert and oriented with a stable mood, and a mental status examination showed appropriate, rational and coherent thought form; no delusions; no suicidal ideation; no hallucinations; and a sad and irritable affect and mood. (Id.) Malone received a refill on his medication Wellbutrin XL and Klonopin. (Id.)
On January 22, 2018, Malone saw NPP Sutton for medication management and reported that he had improved symptoms and was less anxious, but that his stressors remained the same. (R. 736.) NPP Sutton noted that Malone's “[m]ental status [was] stable.” (Id.) An examination showed appropriate, rational and coherent thought form; no delusions; no suicidal ideation; no hallucinations; and a neutral and euthymic affect and mood. (Id.) He again received a refill of his medications. (Id.)
On February 16, 2018, Malone saw Maxwell Rosenberg, LMSW (“LMSW Rosenberg”) at the PSI Counseling Center for a care plan review. (R. 733.) Malone reported taking medication about 4 to 5 days a week and feeling down. (Id.) Malone further reported not taking medication when he drank alcohol, which he did about twice a week, because of concerns about mixing them. (Id.) Malone expressed frustration with his wife after she accused him of “doing nothing” and making him feel worthless; however, he reported he was more involved with the children than she was and that he found this unfair. (Id.)
On March 5, 2018, Malone again saw NPP Sutton for medication management and reported that he was anxious due to his family situation, and that he had constant worry and stress due to his financial situation. (R. 731.) A mental status examination showed appropriate, rational and coherent thought form; no delusions; no suicidal ideation; no hallucinations; and neutral and euthymic affect and mood. (Id.) He again received a refill of his medications. (Id.)
During the next medication management appointment on May 21, 2018, NPP Sutton noted that Malone was alert and oriented with a stable mood, but that he continued to stress about his financial situation. (R. 729.) A mental status examination showed appropriate, rational and coherent thought form; no delusions; no suicidal ideation; no hallucinations; and neutral and somber affect and mood. (Id.) NPP Sutton refilled Malone's prescriptions. (Id.)
On September 6, 2018, NPP Sutton completed a Treating Physician's Wellness Report noting that Malone had reoccurring depressive symptoms causing dysfunction and anxiety with pain. (R. 584.) The report states that Malone displayed inattentiveness, difficulty focusing and poor concentration. (Id.) The report also stated that Malone attended his scheduled appointments, took his prescribed medication and complied with other types of treatment. (Id.) NPP Sutton listed Malone's diagnoses as major depressive disorder, panic disorder and ADHD, and stated that the “diagnosis/condition” for which Malone was being treated had been resolved or stabilized. (R. 584-85.) Nevertheless, NPP Sutton opined that Malone was unable to work for at least 12 months. (R. 585.)
On October 16, 2018, Malone met with NPP Aleen Boyd-McKoy (“NPP Boyd-McKoy”) at the PSI Counseling Center for medication management. (R. 608.) Malone reported that he had missed appointments because he was busy and could not get an appointment with the same doctor. (Id.) Malone reported being down at times and anxious, but that the medication helped. (Id.) He denied alcohol and drug use. (Id.) NPP Boyd-McKoy refilled Malone's medications for Wellbutrin XL and Klonopin and recommend bi-weekly psychotherapy. (R. 609.)
On November 26, 2018, Malone walked into the PSI Counseling Center without an appointment and met with LMSW Rosenberg. (R. 606.) LMSW Rosenberg saw Malone for psychotherapy and did a treatment plan review. (R. 615-19.) LMSW Rosenberg recommended that Malone continue with bi-weekly psychotherapy and monthly medication management.
(R. 615.) LMSW Rosenberg noted that Malone had “been coming less consistently since [his] last care plan,” and reported that “his depression [was] ‘a little better.'” (R. 616.) Malone also reported that his “anxiety [was] higher since [his] last care plan,” that he felt a “lot of pressure,” and that he had had a panic attack that morning, but his breathing exercises were helping, and he took Klonopin as needed. (Id.) In addition to LMSW Rosenberg, the treatment plan was signed by supervisor LCSW Marisol Martinez and Dr. Rameshwar. (R. 619.)
The following day, on November 27, 2018, Malone met with NPP Boyd-McKoy for medication management and reported that he was “alright.” (R. 603.) Malone again reported that he missed appointments and felt down at times and anxious, but the medication helped. (Id.) NPP Boyd-McKoy refilled Malone's prescriptions. (R. 604.)
On March 26, 2019, Malone saw NPP Boyd-McKoy for medication management after running out of medication. (R. 674.) Malone reported that he missed his medication follow-up appointment, but he was attending therapy and was “ok.” (R. 674.) A mental status examination showed Malone had appropriate grooming; appropriate motor activity; a cooperative attitude; normal speech; appropriate, rational and coherent thought form; no delusions; no suicidal ideation; no hallucinations; neutral and euthymic affect and mood; and alert cognitive functioning. (R. 674-75.) NPP Boyd-McKoy refilled Malone's prescriptions. (R. 675.)
On July 16, 2019, Malone saw NPP Boyd-McKoy for medication management and stated that he was “good.” (R. 672.) Malone reported that he had difficulty focusing, stayed home, took care of his eight-year-old son, was taking his anti-depressant and was taking Klonopin as needed for panic attacks. (Id.) A mental status examination showed Malone had appropriate grooming; appropriate motor activity cooperative attitude;...
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