Pacensa v. Astrue
| Decision Date | 26 March 2012 |
| Docket Number | Civil Action No. 11–10113–WGY. |
| Citation | 848 F.Supp.2d 80,181 Soc.Sec.Rep.Serv. 458 |
| Parties | Terese PACENSA, Plaintiff, v. Michael J. ASTRUE, Commissioner of the Social Security Administration, Defendant. |
| Court | U.S. District Court — District of Massachusetts |
OPINION TEXT STARTS HERE
Sandra L. Smales, Sandra L. Smales, Jamaica Plain, MA, for Plaintiff.
Christopher Alberto, Michael P. Sady, United States Attorney's Office, Boston, MA, for Defendant.
I. INTRODUCTION
The plaintiff, Terese Pacensa (“Pacensa”), brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (the “Commissioner”). Pacensa challenges the decision of the Administrative Law Judge (the “hearing officer”) denying her application for Supplemental Security Income (“SSI”) benefits and Social Security Disability Insurance (“SSDI”) benefits. She argues that the Commissioner's decision is not supported by substantial evidence and is based on errors of law. See Pl.'s Mot. Reverse Decision Comm'r 1, ECF No. 15. Pacensa requests that this Court reverse the decision of the Commissioner. Mem. Supp. Pl.'s Mot. Reverse Decision Comm'r (“Pacensa Mem.”) 15, ECF No. 16. The Commissioner filed a motion for an order affirming his decision. Def.'s Mot. Order Affirming Decision Comm'r, ECF No. 19.
Pacensa filed for SSI and SSDI benefits on December 8, 2008. Admin. R. 102–15. She alleged a disability onset date of October 15, 2008. Id. at 102, 108. The Commissioner denied both applications on April 1, 2009, id. at 55–60, and upon reconsideration on July 31, 2009, id. at 64–69. On August 7, 2009, Pacensa requested an oral hearing, which took place before a hearing officer on July 13, 2010. Id. at 70–71, 79. The hearing officer concluded that Pacensa was not disabled within the meaning of the Social Security Act, and denied her claim. Id. at 9.
The hearing officer's decision was selected for review by the Decision Review Board (the “Board”). Id. On November, 19, 2010, the Board amended the decision of the hearing officer, assigning “significant” weight to the testimony of non-examining consulting physician Dr. Michael Maliszewski (“Maliszewski”). Id. at 1. The Board, however, upheld the hearing officer's conclusion that Pacensa was not disabled. Id. On January, 18, 2011, Pacensa filed the present action with this Court to review the decision of the Commissioner pursuant to 42 U.S.C. § 405(g). See Compl. 1, ECF No. 1.
Pacensa was born on September 3, 1978. E.g., Admin. R. 570. She received mental health counseling as a child. Id. at 565. Pacensa was speech delayed and, by age three, prone to aggressive behavior. Id. At age eleven, she was admitted to New York–Presbyterian Hospital for three months to undergo evaluation for aggressive behavior and poor socialization. Id. at 563–64. Upon discharge, Dr. David Mitnik (“Mitnik”) observed that Pacensa's “affect was slightly constricted with occasionally inappropriate moments,” id. at 566, and recommended a structured or supervised day treatment program, id. at 569. He further opined that Pacensa's overall prognosis was “fair.” Id. at 569.
The hospital referred Pacensa to a state treatment program in New York for schooling and she later completed high school in Massachusetts, partly in special education classes. Id. at 30. Although Pacensa attempted college, she left two colleges because of poor grades, disciplinary issues, and termination of her financial aid. Id. at 42–43. Over the years, Pacensa was arrested twice for assaulting her grandmother, threatened her mother with a knife, and was hospitalized for attempted suicide in 2008. Id. at 34–35.
After withdrawing from college in 2000, Pacensa held several retail jobs that were terminated following disputes with supervisors, coworkers, and customers. Id. at 28, 30–32, 35, 43. In her longest job, Pacensa was employed for three years as a cashier at Stop and Shop. Id. at 28. She walked off the job after her request to leave early to attend Ash Wednesday services was denied. Id. at 31. In October 2005, she was fired from her job as a cashier at Ocean State Jobbers for insubordination and unauthorized absences. Id. at 195–201. On one occasion, Pacensa's supervisor at Ocean State Jobbers reported that Pacensa responded aggressively to a helpful attempt to organize her credit slips. See id. at 196. From February 2006 to January 2007, Pacensa was twice employed with Dunkin' Donuts. Id. at 153; see Pacensa Mem. 3–4. Pacensa lost her job at Dunkin' Donuts in 2007 after her supervisor used Pacensa's transfer request as a ground for termination. Admin R. 208. She previously quit working at a Dunkin' Donuts in 2006 after a dispute with her coworkers and supervisor. Id. at 209. She then worked briefly for Job Lot, before she was terminated for refusing to perform her duties. Id. at 43. In March 2007, Pacensa was hired as a cashier at K–Mart. Id. She was terminated in July 2008 following an altercation with her supervisor. Id. at 43; see id. at 339. Finally, in September 2008, Pacensa started a job at CVS. Id. at 330. A month later, she was fired after she pushed her supervisor. Id. at 30.
On December 30, 2005, Pacensa was evaluated by Dr. Gershen Rosenblum (“Rosenblum”), at which time Pacensa reported a history of depression. Id. at 220–25. Rosenblum observed that Pacensa was inarticulate during the session and that her affect was inappropriate. Id. at 224. Rosenblum diagnosed her with depression, anxiety, borderline personality disorder, and hypothyroidism. Id. Pacensa was assigned a Global Assessment of Functioning (“GAF”) score of 52. Id. at 225. Beginning in January 2006, Pacensa sought treatment at the Duffy Health Center. Id. at 327–422, 521–54, 750–71. There, physicians diagnosed her with depression, a personality disorder, and hypothyroidism, and she was assigned a GAF score of 51. Id. at 328, 331. With treatment, her physicians observed an improvement in her symptoms, including no suicidal or homicidal ideation. Id. at 340. Pacensa reported that Prozac helped to alleviate her symptoms. Id. at 378. A mental status exam indicated that Pacensa had a depressed mood, but that her cognition, thought process, and concentration was within normal limits. Id. at 399.
From December 1, 2008 through January 21, 2009, Pacensa pursued therapy with Lorraine Touchette (“Touchette”), a psychologist. Id. at 482–96. On January 21, 2009, Touchette diagnosed Pacensa with depression and bipolar disorder. Id. at 490. Touchette noted that Pacensa was taking Prozac and pursuing therapy. Id. at 492. Touchette determined that Pacensa's prognosis was fair so long as she remained on medication. Id.
After examining Pacensa in May 2009, Dr. David Callahan (“Callahan”), a clinical psychologist, reported that Pacensa was “in adequate contact with reality, and that she perceives the world as others do.” Id. at 800. Moreover, he noted that Pacensa has “some vulnerability to feeling a bit overwhelmed,” but concluded that her issues were mostly “characterologic in ... nature.” Id. On the other hand, Callahan reported that Pacensa is “vigilant for any sense of rejection” and can be “very reactive” in response to slights, real or perceived. Id. at 801. Callahan stated that although it is difficult for Pacensa to “sustain stability and consistency over time,” her treatment should focus on “developing better coping skills and an ability to regulate her rage response.” Id. Callahan concluded that it would be challenging for Pacensa to maintain independence, but that “she does have some talents.” Id. He stated that the “challenge” is to “bolster[ ] her to the point where she can utilize those talents on a consistent basis and avoid regression to rage states that undermine her ability to maintain basic security.” Id. Callahan diagnosed Pacensa with Borderline Personality Disorder and Intermittent Explosive Disorder. Id.
Furthermore, in a report dated June 19, 2009, Callahan opined that Pacensa's mental status, daily activities, and adaptive functioning were intact. Id. at 578. On the other hand, Callahan noted some attention deficit issues. Id. Nevertheless, he reported that Pacensa could sustain attention and concentration for extended periods without distraction by psychologically based symptoms and could remember work-like tasks and instructions. Id. Finally, Callahan described Pacensa's response to routine stress as “marginal.” Id. at 579.
On March 31, 2009, Dr. Marsha Tracy (“Tracy”) completed a mental residual functional capacity assessment and a Psychiatric Review Technique Form based on the record evidence. Id. at 498–515. Tracy opined that Pacensa had depression and borderline personality disorder. Id. at 505, 509. She further opined that Pacensa was mildly limited in activities of daily living and moderately limited in social functioning and in maintaining concentration, persistence, or pace. Id. at 512. Tracy concluded that Pacensa was moderately limited in areas of understanding and memory; sustaining concentration and persistence; and adaptation. Id. at 498–99. Moreover, Tracy found that Pacensa was markedly limited in her ability to interact appropriately with the general public. Id. at 499.
In her narrative assessment, Tracy noted Pacensa's long history of problems with impulsivity and concluded that Pacensa's borderline personality disorder might limit her ability to tolerate criticism, interpersonal demands, and stress in the workplace. Id. at 500. She further opined, however, that Pacensa's symptoms appeared to be improving with medication and therapy. Id. Finally, Tracy noted that Pacensa retained the capacity to concentrate and persist at simple to average tasks for two-hour periods during an eight-hour workday at an acceptable pace in unpressured settings; relate...
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