McCray v. Colvin
| Decision Date | 31 July 2014 |
| Docket Number | C/A No.: 1:13-173-SVH |
| Court | U.S. District Court — District of South Carolina |
| Parties | Eboni Carreen McCray, Plaintiff, v. Carolyn W. Colvin, Acting Commissioner of Social Security Administration, Defendant. |
This appeal from a denial of social security benefits is before the court for a final order pursuant to 28 U.S.C. § 636(c), Local Civil Rule 73.01(B) (D.S.C.), and the Honorable Mary G. Lewis's February 26, 2013, order referring this matter for disposition. [Entry #19]. The parties consented to the undersigned United States Magistrate Judge's disposition of this case, with any appeal directly to the Fourth Circuit Court of Appeals.
Plaintiff files this appeal pursuant to 42 U.S.C. § 405(g) of the Social Security Act ("the Act") to obtain judicial review of the final decision of the Commissioner of Social Security ("Commissioner") denying the claim for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI"). The two issues before the court are whether the Commissioner's findings of fact are supported by substantial evidence and whether she applied the proper legal standards. For the reasons that follow, the court affirms the Commissioner's decision.
On July 27, 2006, Plaintiff filed applications for DIB and SSI in which she alleged her disability began on August 15, 2005. Tr. at 353-55, 358-64. Her applications were denied initially and upon reconsideration. Tr. at 184-88, 192-95. On October 15, 2008, Plaintiff had a hearing before Administrative Law Judge ("ALJ") Francis F. Talbot. Tr. at 47-62. (Hr'g Tr.). During that hearing, Plaintiff's attorney made a motion on the record to amend Plaintiff's alleged onset date of disability to March 2008. Tr. at 51. The ALJ issued an unfavorable decision on November 18, 2008, finding that Plaintiff was not disabled within the meaning of the Act. Tr. at 150-161. On June 29, 2010, the Appeals Council remanded the case to the ALJ under the substantial evidence, error of law, and new and material evidence provisions of 20 C.F.R. §§ 404.970 and 416.1470. Tr. at 162-65. On April 19, 2011, Plaintiff had a hearing before ALJ Roseanne P. Gudzan. Tr. at 63-93. (Hr'g Tr.). Plaintiff's attorney moved to amend Plaintiff's alleged onset date of disability to June 30, 2010. Tr. at 170. The ALJ issued a fully favorable decision on June 9, 2011, finding that Plaintiff had been under a disability since June 30, 2010, and that her substance use disorder was not a contributing factor material to the determination of disability. Tr. at 166-76. Under the authority of 20 C.F.R. §§ 404.977 and 416.1474, the Appeals Council vacated the hearing decision and remanded the case for further proceedings. Tr. at 177-82. On May 15, 2012, Plaintiff had a second hearing before ALJ Gudzan. Tr. at 94-145. (Hr'g Tr.). The ALJ issued an unfavorable decision on July 12, 2012, finding that Plaintiff was not disabled within the meaning of the Act. Tr. at 16-37. Subsequently, the Appeals Council denied Plaintiff's request for review, making the ALJ's decision the final decision of the Commissioner for purposes of judicial review. Tr. at 1-3. Thereafter, Plaintiff brought this action seeking judicial review of the Commissioner's decision in a complaint filed on January 17, 2013. [Entry #1].
Plaintiff was 33 years old at the time of the most recent hearing. Tr. at 99. She completed high school, but was enrolled in resource classes and received a certificate of completion instead of a diploma. Id. Her past relevant work ("PRW") was as a nurse assistant. Tr. at 141. She alleges she has been unable to work since June 30, 2010. Tr. at 19.
Plaintiff presented to Bon Secours St. Francis on August 20, 2010, and complained that her lips were swelling and that she was short of breath. Tr. at 912. Phillip Warr, M.D., concluded that Plaintiff was having an acute allergic reaction to Bactrim. Id. Plaintiff informed Dr. Warr that she had been diagnosed with bipolar disorder, but that she was not taking medication. Tr. at 913. Dr. Warr advised Plaintiff that the Prednisone that he prescribed for treatment of the allergic reaction could induce a manic episode. Id.
On August 25, 2010, Plaintiff presented for urine drug screen, which was negative for all substances. Tr. at 1017.
On October 4, 2010, Plaintiff presented to Ryan Byrne, M.D., for treatment of depression and anxiety. Tr. at 941. Plaintiff reported poor sleep, variable appetite, periods of tearfulness, and low energy. Id. She reported a history of alcohol and cocaine abuse, but indicated that she had not abused substances since June. Id. Dr. Byrne assessed depression and alcohol abuse and cocaine dependence in early full remission. Id. Plaintiff's affect was restricted and her mood was sad. Id. Her thought process was linear and organized, without indication of psychosis. Id. She reported no suicidal or homicidal ideations or hallucinations. Id. Her insight and judgment were fair. Id.
On October 12, 2010, Plaintiff tested negative for all substances. Tr. at 1018.
On November 14, 2010, Plaintiff was admitted to Medical University of South Carolina ("MUSC") following a sexual assault. Tr. at 921. Plaintiff sustained physical injuries and was diagnosed with left ulnar fracture. Tr. at 923.
Plaintiff followed up with Dr. Byrne on January 10, 2011. Tr. at 942. Plaintiff reported that her mood was up and down and that she was experiencing some hopelessness. Id. She reported that she had completed a substance abuse class and that she remained sober from alcohol and drugs. Id. She indicated that she was experiencing intrusive thoughts, nightmares, hypervigilance, fear of leaving the house, and poor sleep. Id. Dr. Byrne noted that Plaintiff's affect was tearful at times, but that her thought process was linear and organized, without evidence of psychosis. Id. He indicated that Plaintiff endorsed no suicidal or homicidal thoughts, but that her insight and judgment were impaired. Id. Dr. Byrne added a diagnosis of PTSD. Id.
On March 21, 2011, Plaintiff presented to Dr. Byrne for follow up. Tr. at 943. Plaintiff reported that her mood had worsened because she ran out of Remeron. Id. She also indicated that she had recently binged on alcohol. Id. She reported significant PTSD symptoms, including nightmares, hypervigilance, being easily startled, avoiding discussion of her assault, and avoiding being alone in public. Id. Plaintiff's affect was somewhat anxious. Id. Her thought process was linear and organized, without evidence of psychosis. Id. Her insight and judgment were fair, and she denied suicidal or homicidal ideations and hallucinations. Id.
On April 3, 2011, Alicia R. Murphy, a clinical counselor, wrote a letter indicating that Plaintiff had completed services and had been discharged from the substance abuse treatment program. Tr. at 1019. Ms. Murphy further indicated in her letter that all urine drug screens and breathalyzer results were negative. Id. Ms. Murphy indicated that Plaintiff reported to her that she drank alcohol on two occasions, both prior to November 2010. Id.
Plaintiff followed up with Dr. Byrne on April 25, 2011. Tr. at 944. Plaintiff reported improved mood, but some difficulty controlling her anger. Id. She also endorsed low energy, poor concentration, increased appetite, and avoidance of large groups. Id. Dr. Byrne observed Plaintiff to have sad affect; linear and organized thought process; no suicidal or homicidal ideations; no hallucinations; and fair insight and judgment. Id.
On May 16, 2011, Plaintiff presented to Harry P. Rudolph, IV, M.D., complaining of left forearm pain. Tr. at 960. X-rays indicated a significant hypertrophic non-union ofthe ulna. Id. Dr. Rudolph discussed treatment options with Plaintiff and indicated that Plaintiff had chosen to proceed with open reduction internal fixation with small fragment fixation. Id.
On May 23, 2011, Plaintiff followed up with Dr. Byrne. Tr. at 956. Plaintiff reported increased frustration and hopelessness. Id. She reported decreased nightmares, but indicated that she was experiencing hypervigilance and that she had visual hallucinations of shadows. Id. Dr. Byrne indicated that Plaintiff's mood was more depressed and that her affect was anxious. Id. He indicated that her thought process was overall linear without evidence of psychosis. Id. Plaintiff reported no suicidal or homicidal thoughts, but Dr. Byrne indicated that her insight and judgment were impaired. Id.
On May 28, 2011, Plaintiff presented to MUSC, complaining of arm pain. Tr. at 949. No specific source for the pain was identified. Id.
On June 27, 2011, Plaintiff reported to Dr. Byrne that her mood was "alright." Tr. at 957. She denied suicidal and homicidal thoughts, but reported persistent nightmares. Id. Dr. Byrne reported that her affect was bright; that her thought process was linear and organized; and that her insight and judgment were fair. Id.
Plaintiff followed up with Dr. Byrne on July 25, 2011. Tr. at 958. Plaintiff reported minimal nightmares, good sleep, and improved mood. Id. She indicated that she was still afraid to leave her house at night. Id. She reported that she was going to the employment office daily to look for jobs. Id. Dr. Byrne noted that Plaintiff's affect was bright; that her mood was less depressed; that her thought process was clear andorganized; that she denied suicidal and homicidal thoughts; that her insight was fair; and that her judgment was good. Id.
On August 22, 2011, Plaintiff reported increased depression and anxiety to Dr. Byrne. Tr. at 959. Plaintiff reported increased stressors, including the need to testify against her attacker, a recent threat from her attacker, and a new man courting her. Id. She reported sleep disturbance, increased nightmares, and decreased motivation. Id. Dr. Byrne described Plaintiff's affect as...
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