Moon v. Sullivan
| Decision Date | 22 October 1990 |
| Docket Number | No. 90-1109,90-1109 |
| Citation | 923 F.2d 1175 |
| Parties | , Unempl.Ins.Rep. CCH 15832A Joseph MOON, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health & Human Services, Defendant-Appellee. |
| Court | U.S. Court of Appeals — Sixth Circuit |
Kenneth F. Laritz (argued), Warren, Mich., for plaintiff-appellant.
Donna Morros Weinstein, Chief Counsel, Robert Hanson (argued), Dept. of Health and Human Services, Office of Gen. Counsel, Region V, Chicago, Ill., Francis L. Zebot, Asst. U.S. Atty., Office of U.S. Atty., Detroit, Mich., for defendant-appellee.
Before KRUPANSKY and BOGGS, Circuit Judges, and CONTIE, Senior Circuit Judge.
Claimant Joseph Moon appeals from the district court's order which affirmed the Secretary of Health and Human Services' denial of Moon's claim for a period of disability and disability insurance benefits under the Social Security Act as amended. For the following reasons we affirm the judgment of the district court.
Moon filed his application for disability insurance benefits on January 25, 1988, alleging that he became disabled and unable to work on November 27, 1977, due to depression and an obsessive compulsive disorder. The Secretary of Health and Human Services (Secretary) denied claimant's application on April 14, 1988. The Secretary denied claimant's application upon reconsideration on June 30, 1988. Dissatisfied with the Secretary's determinations, Moon requested a hearing before an Administrative Law Judge (ALJ). This hearing was held on November 1, 1988.
On January 13, 1989, the ALJ issued his decision denying benefits to the claimant. The ALJ's decision became the Secretary's final decision when the Appeals Council denied Moon's request for review on April 17, 1989. Moon, seeking judicial review of the Secretary's decision, thereafter filed a civil action in the United States District Court for the Eastern District of Michigan pursuant to 42 U.S.C. Secs. 405(g) and 1383(c)(3). On September 29, 1989, the United States Magistrate issued his Report and Recommendation proposing that the Secretary's decision denying appellant's claim be upheld. Claimant filed timely objections to the Magistrate's Report and Recommendation. On November 16, 1989, the district court issued its order granting the Secretary's motion for summary judgment in accordance with the Magistrate's Report and Recommendation. Claimant thereafter filed this timely appeal.
The following evidence was introduced at the November 1, 1988 hearing.
Claimant was born on November 18, 1935, and was 52 years old when he applied for disability insurance benefits on January 25, 1988. After obtaining a Bachelor of Science degree in mechanical engineering, Moon worked in various management positions for the General Motors Corporation, most recently as the Manufacturing Manager for General Motors' Hydramatic Division where Moon managed over 7,000 workers. Moon medically retired from General Motors on November 27, 1977. Claimant thereafter obtained a Juris Doctor degree (summa cum laude ) from the Detroit College of Law. Moon's subsequent attempt to practice law proved unsuccessful, however, allegedly due to his claimed disability.
Dr. Joseph J. Tiziani, a psychiatrist, first examined the claimant in October, 1977, due to Moon's "increasing inability to function on his job." On June 12, 1978, after reporting that he had met with the claimant 26 times, Dr. Tiziani concluded that Moon was disabled by "decompensating obsessive compulsive neurosis--overwhelming anxiety." After noting Moon's present symptoms ("inability to concentrate or make decisions, feelings of inadequacy and [low] self-esteem") and his poor reaction to treatment, Dr. Tiziani concluded that, since November 1, 1977, Moon has been permanently disabled. Dr. Tiziani noted, however, that the claimant was mentally capable of transacting his personal affairs.
Dr. Tiziani's medical records reveal that Moon did not continue his treatment with the psychiatrist on a regular basis. In fact, on January 29, 1985, Dr. Tiziani noted: "[Joseph Moon] last seen 2-3 years ago." The medical records thereafter indicate that Moon did not see Dr. Tiziani again until March 27, 1986.
On October 27, 1987, Dr. Tiziani summarized Joseph Moon's status in a letter entitled "Narrative Summary on Joseph Moon":
Mr. Moon presented as a tense, anxious male who states that he has become increasingly unable to function, experiencing episodes of anxiety particularly at work. He was preoccupied with every small detail at work and although he had been promoted regularly he was still obsessed with returning to the floor to check on daily production and actually got involved in checking on what workers were doing.... He would come home and feel agitated and distraught, continuing to think about work and wondering if he had checked everything that he had set out to check. He never felt any sense of relief and would continuously think about the job and what was happening there.
....
Mental status examination revealed a well developed, well nourished white male who appeared to be about his stated age. He was neatly and appropriately dressed.... There was an underlying mood of depression as he talked about his inability to function adequately either in the work situation, as a father, or as a husband. There was no evidence of organicity nor was he delusional or hallucinated. There was no evidence of a formal thinking disorder such as that seen in schizophrenia.
A working diagnosis was established of an Obsessive Compulsive Disorder with a superimposed depressive disorder.
After noting that Moon's ability to concentrate and to perform daily activities had diminished following the claimant's retirement from General Motors, Dr. Tiziani concluded his "Narrative Summary on Joseph Moon" by noting:
Mr. Moon is currently still suffering from an Obsessive Compulsive Disorder with a secondary depression due to loss of his work situation, and his inability to reestablish himself as a productive citizen....
Prognosis must be considered extremely guarded at this time.
In addition to the "Narrative Summary," Dr. Tiziani completed a residual functional capacity assessment form on October 27, 1987. The psychiatrist concluded that Moon's impairments were: "severe" regarding his abilities to respond to supervision and customary work pressures; "moderately severe" regarding Moon's ability to perform his daily activities, his abilities to perform simple and complex tasks, and his ability to relate to other people; "moderately to moderately severe" regarding his ability to respond to co-workers; "moderate" regarding his abilities to perform repetitive or varied tasks; and not limited regarding his ability to understand, carry out, and remember instructions.
On March 18, 1988, Dr. Tiziani reported that Moon's symptoms had persisted, perhaps even increasing in severity, since October, 1987. The psychiatrist noted that the claimant Though indicating "no evidence of a psychosis or organicity," Dr. Tiziani nevertheless believed that "Mr. Moon remains totally disabled" for the indefinite future. The doctor also noted the claimant's continued reluctance to undergo "tricyletic therapy" (chemotherapy).
On June 2, 1988, Dr. Tiziani completed a "Psychiatric/Psychological Medical Report" regarding the claimant's mental status. The doctor noted that he had discussed "the possibility of drug therapy" with the claimant, but that Moon was reluctant because of: (1) the "profound serious side effects" associated with the medication; and (2) Moon's "difficulty in making any decesion [sic] in his life." Dr. Tiziani added that the claimant had significantly restricted his daily activities and had chosen to withdraw from most situations requiring socializing or decision-making. The doctor noted that Moon had admitted to being very insecure ( ), adding that the claimant felt worthless and hopeless because he was no longer able to function in a work environment, thereby further contributing to his depression ( ).
In a letter dated February 15, 1989, Dr. Tiziani stated that the claimant's approach to law school had been highly abnormal, characterized by repeatedly outlining his books and by totally immersing himself in his studies. The doctor added that "[t]here was no necessity to interrelate with other students or co-workers and he could basically apply rote learning methods to the subject matter without having to respond to supervision, management, deadlines, timing or any other traditional basic work parameters." Dr. Tiziani then described Moon's unsuccessful attempt to clerk at a friend's law firm:
After passing the Bar he was looking forward to working in a friendly environment where a close friend allowed him the opportunity to work in his law firm as a law clerk. As you know, this was a complete failure and this failure was extremely devastating to the patient and confirmed for him how severely emotionally impaired he really was. Mr. Moon would spend days on an entry level task that could have been completed in an hour or two by an unimpaired individual. He was so consumed by his work, that he was unable to make any logical decisions as to when to stop. This was a tremendous setback when it really appeared that Mr. Moon may have some prospects for functioning on a limited basis in a controlled environment.
After indicating that the...
To continue reading
Request your trial
-
Lee v. Colvin
...F.2d 139, 145 (6th Cir. 1980); Wyatt v. Secretary of Health and Human Services, 974 F.2d 680, 684 (6th Cir. 1992); Moon v. Sullivan, 923 F.2d 1175, 1181 (6th Cir. 1990). When a claimant's age, education, previous work experience and residual functional capacity coincide with all of the crit......
-
Gordon v. Berryhill, CIVIL ACTION NO. 4:18 CV-00055-HBB
...20 C.F.R. § 404.1520(a)(4)(v) and (g); Wyatt v. Sec'y of Health & Human Servs., 974 F.2d 680, 684 (6th Cir. 1992); Moon v. Sullivan, 923 F.2d 1175, 1181 (6th Cir. 1990); Allen v. Califano, 613 F.2d 139, 145 (6th Cir. 1980). Essentially, the Commissioner can satisfy this burden in one of two......
-
Cooney v. Colvin, CIVIL ACTION NO. 4:14CV-00059-HBB
...613 F.2d 139, 145 (6th Cir. 1980); Wyatt v. Sec'y of Health & Human Servs., 974 F.2d 680, 684 (6th Cir. 1992); Moon v. Sullivan, 923 F.2d 1175, 1181 (6th Cir. 1990). Here, Plaintiff's residual functional capacity did not coincide with all the criteria of a particular Grid Rule because he su......
-
Sullivan v. Colvin
...F.2d 139, 145 (6th Cir. 1980); Wyatt v. Secretary of Health and Human Services, 974 F.2d 680, 684 (6th Cir. 1992); Moon v. Sullivan, 923 F.2d 1175, 1181 (6th Cir. 1990). When a claimant's age, education, previous work experience and residual functional capacity coincide with all of the crit......