Mathious v. Barnhart
| Decision Date | 23 April 2007 |
| Docket Number | No. 05-74714.,05-74714. |
| Parties | Richard A. MATHIOUS, Jr., Plaintiff, v. Jo Anne B. BARNHART, Defendant. |
| Court | U.S. District Court — Eastern District of Michigan |
Lewis M. Seward, Seward, Tally, Bay City, MI, for Plaintiff.
James A. Ausa Brunson, U.S. Attorney's Office, Bay City, MI, for Defendant.
ORDER ADOPTING MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION, GRANTING IN PART PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT, DENYING DEFENDANT'S MOTION FOR SUMMARY JUDGMENT, AND REMANDING CASE FOR FURTHER ADMINISTRATIVE PROCEEDINGS
Presently before the Court is the report issued on March 29, 2007 by Magistrate Judge Steven D. Pepe pursuant to 28 U.S.C. § 636(b), recommending that this Court grant in part the plaintiffs motion for summary judgement, deny the defendant's motion for summary judgment, and remand the case for further administrative proceedings. Although the magistrate judge's report explicitly stated that the parties to this action may object to and seek review of the recommendation within ten days of service of the report, no objections have been filed. The parties' failure to file objections to the Report and Recommendation waives any further right to appeal. Smith v. Detroit Federation of Teachers Local 231, 829 F.2d 1370, 1373 (6th Cir.1987). Likewise, the failure to object to the magistrate judge's report releases the Court from its duty to independently review the motions. Thomas v Arn, 474 U.S. 140, 149, 106 S.Ct. 466, 88 L.Ed.2d 435 (1985). However, the Court agrees with the findings and conclusions of the magistrate judge.
Accordingly, it is ORDERED that the Magistrate Judge's Report and Recommendation [dkt # 13] is ADOPTED.
It is further ORDERED that the plaintiffs motion for summary judgment [dkt # 8] is GRANTED IN PART.
It is further ORDERED that the defendant's motion for summary judgment [dkt # 11] is DENIED.
It is further ORDERED that the case is REMANDED for further administrative proceedings consistent with the Magistrate Judge's Report and Recommendation.
Richard Mathious brought this action under 42 U.S.C. § 405(g) and § 1383(c)(3)to challenge a final decision of the Commissioner denying her application for Supplemental Security income (SSI) under Title XVI of the Social Security Act. Both parties have filed motions for summary judgment, which have been referred pursuant to 28 U.S.C. § 636(b)(1)(B) and (C). For the following reasons, IT IS RECOMMENDED that Plaintiffs motion for summary judgment be GRANTED IN PART and the Commissioner's motion for summary judgement DENIED and this case REMANDED for further administrative proceedings consistent with this Report and Recommendation.
Plaintiff protectively applied for SSI on November 21, 2001 (R. 62-68), alleging that he had been disabled since that date due to problems with his lower back, Hepatitus C, and depression (R. 76).1 After Plaintiffs claim was initially denied (R. 42-45), a hearing was held on August 10, 2004, before Administrative Law Judge John Christensen (ALJ) (R. 255-284). Plaintiff was represented by his current attorney, Lewis M. Seward. Plaintiffs wife, Beverly Jean Mathious (R. 271-276), and Vocational Expert Timothy Shaner (VE) also testified (R. 276-283).
In a December 22, 2004, decision ALJ Christensen concluded that Plaintiff was not under a disability as defined by the Act because excluding drug and alcohol abuse Plaintiff had the residual functional capacity to perform a restricted range of light work (R. 22-35). On October 14, 2005, the Appeals Council denied Plaintiffs request for review (R. 4-6).
Plaintiff was 45 years old, 5'8" tall and weighed 160 pounds at the time of the hearing (R. 64, 82, 261-263). Plaintiff was married and had a 17 year old stepdaughter. He did not have a driver's licence. He finished the eighth grade in special education classes and had no other vocationally relevant past work experience (R 263).2 Plaintiff could "read what [he could] understand" and write "somewhat" (R. 263). Yet, he was unable to write either a letter or a "simple note" (R. 264).
Plaintiff testified that in the last 15 years he had never worked on a regular, full-time basis for wages for three months or more continuously at the same job. He was in the Army National Guard for a few weeks, but they "put [him] out."
He indicated that he had been attending Alcoholic's Anonymous meetings since February 2004 (R. 265).3 Plaintiff last drank alcohol during the weekend before the hearing. He last used drugs four years prior to the hearing (R. 266-267).
Plaintiff reported that he had his left heart valve replaced, but the right valve was still leaking (R. 267). The condition caused him to feel exhausted, dizzy and occasionally pass out (R. 267-269). He tried getting a good night's rest, but that failed to remedy his symptoms (R. 268). As a result of his exhaustion, Plaintiff indicated the need to lay down a few hours a day. Plaintiff was also diagnosed with both Hepatitis B and C, but was not aware of any symptoms associated with his illness (R. 269).
Plaintiff testified that he was suffering from depression since the death of his first wife in April 2000. He gets daily "flashbacks" in which he sees his wife "laying in blood laying there, an [him] washing, washing it off and trying to get her clothes on and not — but not knowing that she was dead" (R. 270). At the time of the hearing, he was not receiving counseling and was unsure of the medication he was taking besides aspirin.
Plaintiff cooked "a little bit," but was unable to follow a recipe (R. 271). He was able to look up a phone number, but only if he had the number spelled out for him.
Mrs. Mathious testified that Plaintiff was able to bathe himself and tend to his hygiene, but that she primarily cooked, cleaned and did the laundry (R. 273). Plaintiff provided additional help when Mrs. Mathious was ill or recovering from surgery. Mrs. Mathious said that Plaintiff was able to follow directions, but she had to "explain it to him like in a sense like a — sometimes like you explain to a child." She also read Plaintiff his mail and filled out his paperwork and forms (R. 274).
Mrs. Mathious felt Plaintiff had a "little improvement" since his heart surgery. Yet, she indicated that Plaintiff did not walk as much as prior to his surgery and remained tired (R. 275).
Plaintiff visited with family and occasionally attended church. He also attended AA meetings and went to appointments with his probation officer.
On July 31, 2002, Plaintiff underwent a physical examination performed by Silva Sankaran, M.D., at the state agency's request (R. 119-26). Dr. Sankaran noted that Plaintiff had had complaints of lower back pain since 1980, in an accident when he was being transported to jail (R. 119). He reported that Plaintiff had Hepatitis C and depression. Plaintiff was being treated for depression with Paxil 20 mg daily, which was not helping (R. 120). He had suicidal thoughts and wanted counseling, but did not have the insurance to pay for it. Dr. Sankaran reported that Plaintiff drank two 40-ounce bottles of beer daily. Plaintiff's physical examination was normal (R. 120-24). X-rays of his lumbar spine showed degenerative arthritis with a narrowing of the joint space at L5-S1 and changes (R. 121).
On September 29, 2002, Plaintiff was psychologically evaluated by Thomas J. Olson' Psy.D., and Ann L. Date, Psy.D., at the state agency's request (R. 27-34). Plaintiff reported that he was previously on disability, but it was cancelled because "that woman said I was uncle: the influence of alcohol and drugs" (R. 127). He also reported suicidal tendencies and depression. Plaintiff stated that he had never worked, but admitted to a long criminal history (R. 127-28). Plaintiff also stated he enjoyed "hanging out with other people" if "they ha[d] something to drink" (R. 129). Dr. Olson and Date indicated that Plaintiff appeared to have struggled a "Learning Disability and probable Intellectual Functioning since early childhood."
On examination, Plaintiffs thought process was mildly disorganized, and he had an inability to recognize the effects of alcohol on his life as well has an inability to learn from mistakes or understand basic cause and effect relationships (R. 130). In addition to alcohol dependence, Plaintiff was diagnosed with cocaine and heroin dependence, both "in full remission per claimant report" (R. 133). Drs. Olson and Date also opined that Plaintiff had a global of assessment of functioning (GAF) of 45 (R. 133-34).4 Plaintiffs prognosis for improved psychosocial functioning was contingent upon whether or not he entered into appropriate substance abuse treatment and case management (R. 134). Plaintiff did not appear to be capable of managing hi own benefit funds due to active alcohol dependence.
Ronald C. Marshall, Ph.D., completed a psychiatric review technique form (PRTF) in October 2002, in which he opined that Plaintiff had mild restrictions in his activities of daily living; moderate difficulties in maintaining social functioning; moderate difficulties in maintaining concentration, persistence, and pace; and had had no episodes of deterioration or decomposition (R. 145). Dr. Marshall also completed a mental residual functional capacity (RFC) assessment, in which he opined that Plaintiff was not significantly to moderately limited in al areas of work-related functioning (R. 149-50).
A physical RFC assessment in October 2002 indicated Plaintiff was capable of lifting and carrying twenty pounds occasionally and ten pounds frequently; standing/walking for six hours, and sitting for six hours, in an eight hour day; and pushing and pulling an unlimited amount of time ...
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