Palmer v. Colvin
| Decision Date | 28 October 2013 |
| Docket Number | Case No. 12-CV-544-PJC |
| Parties | JEREMY PALMER, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant. |
| Court | U.S. District Court — Northern District of Oklahoma |
Claimant, Jeremy Palmer ("Palmer"), pursuant to 42 U.S.C. § 405(g), requests judicial review of the decision of the Commissioner of the Social Security Administration ("Commissioner") denying Palmer's applications for disability benefits under Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq. In accordance with 28 U.S.C. § 636(c)(1) and (3), the parties have consented to proceed before a United States Magistrate Judge. Any appeal of this order will be directly to the Tenth Circuit Court of Appeals. Palmer appeals the decision of the Administrative Law Judge ("ALJ") and asserts that the Commissioner erred because the ALJ incorrectly determined that he was not disabled. For the reasons discussed below, the Court REVERSES AND REMANDS the Commissioner's decision.
Palmer was 33 years old at his initial hearing before the ALJ on August 7, 2008. (R. 36). A second hearing before the ALJ was held on January 5, 2010. (R. 59-79). Palmer did not complete high school and had taken special education courses. (R. 36-37, 65-66).
Palmer's past work experience was in the construction and fast food industries. (R. 66-67). Palmer testified that he was unable to keep a job very long, and that "a lot of it had to do with the employees and managers." (R. 45). Palmer reported that he was unable to get along with his co-workers. Id. Palmer had been fired from jobs for tardiness and absenteeism. (R. 45-46). He was fired from his last job after he missed his bus and was late to work. (R. 70-71). He reported that he had been previously warned that he would be fired if he was late again. (R. 71). Palmer said that he had not tried to look for a job because he was unable to function normally. (R. 46-47).
Palmer testified to problems with depression and anger. (R. 39, 45). He said that prior to taking his medications, his mental problems affected "everything " he did. (R. 41, 44). His mental limitations made it difficult for him to deal with things. (R. 41, 44). Palmer's mental problems made it difficult for him to focus, concentrate, and understand. Id. He had difficulty following instructions. (R. 41-42, 45). Palmer said that his medications had improved his ability to function, but he still had difficulty concentrating and remembering things. (R. 39-41, 44, 47). He reported that he had to be reminded about everything. (R. 42).
Palmer had a history of drug and alcohol use, as well as incarceration. (R. 34-35, 38-40). Palmer said that he had used alcohol and marijuana when he was 16 years old to self-treat his mental problems. (R. 39-40). He testified that alcohol and drugs had provided him temporary relief of his symptoms. (R. 39). Palmer had served time in jail in 2006 for public intoxication. (R. 38). Palmer reported that his symptoms had improved after he started taking medications in 2006, and when he stopped drinking alcohol in 2009. (R. 40, 42, 73).
Palmer stated he took medication for his mental impairments and for his insomnia. (R. 42-43). At the first hearing, Palmer reported feeling "out of it" for approximately 15 minutes after taking his medications. (R. 43). He had difficulty with drowsiness. (R. 43). On mornings that he overslept, he woke up feeling "kind of clueless." Id. On those mornings, he had difficulty accomplishing anything. (R. 41, 43-44). At the second hearing, Palmer testified that he had no side effects from his medication. (R. 72).
With regard to his activities of daily living, Palmer said that he showered, ate, and watched television. (R. 69). He completed household chores, sometimes automatically and sometimes when his mother reminded him. (R. 42, 69-70). Those chores included taking out the trash, doing the laundry, and cooking. (R. 70).
Palmer's medical records include treatment notes from 2001 and 2002 at 12 & 12 Center for Addiction Treatment and Recovery ("12 & 12"). (R. 298-321). Palmer voluntarily admitted himself on November 8, 2001 for residential treatment of alcohol and drug dependency. (R. 298-302). Palmer's admitting Axis I2 diagnoses were cannabis dependency and alcohol abuse. (R.300). His assessed Global Assessment of Functioning ("GAF")3 was 40. Id. On December 6, 2001, Palmer was discharged from the residential program after successfully completing treatment. (R. 309-10).
When Palmer was seen for counseling at 12 & 12 on December 10, 2001, it was noted he had a blunted and flat affect, and he was slow to respond to communication. (R. 315-17). He was diagnosed with major depressive disorder, recurrent, moderate, and it was recommended he receive additional psychiatric assessment. (R. 315). On December 26, 2001, Palmer reported that he was doing well and was not depressed. (R. 318-19). His diagnoses were major depressive disorder and cannabis dependence. (R. 319). Palmer was administratively discharged from the transitional program for non-compliance on January 10, 2002. (R. 312-13).
Palmer started psychiatric treatment at Family & Children Services ("F&CS") on May 12, 2005. (R. 322-34). Palmer reported feeling anxious and depressed, and he expressed a desire to remain sober. (R. 328). He was assessed with major depressive disorder, recurrent, and alcohol dependence. (R. 322, 331). His GAF score was assessed at 62. Id.
On October 30, 2005, Palmer was transported to Saint Francis Hospital in Tulsa when he was found walking down the street. (R. 486-503). He complained of shoulder pain and reported that he had been assaulted and thrown out of a moving vehicle. (R. 498). Medical personnelnoted that Palmer was intoxicated. Id. X-rays and CT scans were unremarkable with no abnormalities noted. (R. 491-96). A urinalysis was positive for marijuana, and his blood alcohol level was 225.2 mg/dL. (R. 487, 489, 500). Palmer was discharged with a prescription for pain medication. (R. 500).
At Palmer's appointment at F&CS on March 9, 2006, he stated that he had been off his medications since October 2005. (R. 347). He reported that he had problems with depression, mood swings, irritability, and sleep. Id. Palmer was diagnosed with bipolar disorder, most recent episode mixed, moderate; and his prescriptions were refilled. Id.
On May 1, 2006, Palmer voluntarily admitted himself to the Crisis Unit at Tulsa Center for Behavioral Health for problems with depression, anxiety, anger, and substance abuse. (R. 427-28). A drug screen was positive for marijuana and opioids. (R. 423, 437). Palmer reported that he bought Xanax and Valium "off the streets" and that they improved his anxiety. (R. 427). Initial diagnoses were bipolar disorder type II and polysubstance dependence. (R. 423, 428). Palmer's GAF score was 38. Id. When Palmer was discharged on May 12, 2006, his diagnoses were major depressive disorder, recurrent, moderate, and polysubstance dependence. (R. 424). His GAF was 50. Id.
When Palmer was seen at F&CS on June 8, 2006, he reported that he was having a hard time because he had been off his medications for two weeks. (R. 344-45). His medications were adjusted. (R. 344-45).
On November 7, 2006, Palmer presented to F&CS, and an updated treatment plan was completed. (R. 364-75, 388). The treatment plan listed his Axis I diagnoses as bipolar disorder type I, most recent episode mixed, moderate; and alcohol abuse. (R. 364). Palmer's GAF score was 63. (R. 374).
On October 4, 2007, Palmer presented to Kristy Griffith, M.D., at F&CS and reported that he was doing okay, but he was having problems with irritability and anxiety. (R. 442). Dr. Griffith noted that Palmer had an angry and anxious mood and an anxious affect. Id. Dr. Griffith assessed Palmer with bipolar I disorder, most recent episode mixed, mild; generalized anxiety disorder; and polysubstance dependence versus alcohol dependence.4 Id. Dr. Griffith adjusted Palmer's medications but denied his request for the medication Klonopin, noting its addictive nature and his history of alcohol dependence. Id.
On January 4, 2008, Palmer saw Sarah Janes, D.O., at F&CS. (R. 449-50). Palmer reported that he felt depressed "all the time." (R. 449). Palmer complained of low energy, lack of interest, and feelings of guilt. Id. Dr. Janes diagnosed Palmer with bipolar disorder and alcohol dependence, and she adjusted his medications. Id.
Palmer presented to F&CS on June 19, 2008, with complaints of persistent problems with depression and anxiety. (R. 443-47). Palmer felt that his new medication had slightly improved his symptoms, and he said that he had not used alcohol in four months. (R. 447). He was diagnosed with bipolar disorder and alcohol abuse, and his medications were adjusted. (R. 443, 447).
Palmer returned to F&CS on December 15, 2008 for an appointment with Sarah Land, D.O. (R. 517-18). Dr. Land noted that it was difficult to obtain Palmer's history, because he was "very tangential." (R. 517). Palmer reported that he had experienced episodes of "manic panic attacks" and described problems with racing thoughts, mood swings, and irritability. Id. Hedenied current alcohol and drug use, but admitted a history of self-medicating with alcohol and marijuana. Id. Dr. Land diagnosed Palmer with bipolar disorder and alcohol abuse, and she adjusted his medications. Id.
On January 22, 2009, Palmer had ongoing complaints of anxiety and difficulty sleeping. (R. 515). Id. When Palmer saw Dr. Griffith on April 6, 2009, his anxiety and sleep had improved, but he had increased symptoms of depression and low motivation. (R. 514). Dr. Griffith diagnosed bipolar disorder, most recent episode depressed, mild; and alcohol abuse, and she adjusted Palmer's medications. Id.
At Palmer's appointment at F&CS on June 12, 2009, he said he had experienced no symptoms of depression, sadness, crying spells,...
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