Phoenix v. Colvin
| Decision Date | 04 February 2015 |
| Docket Number | 14 Civ. 4164 (AJP) |
| Parties | TAMMI PHOENIX, Plaintiff, v. CAROLYN W. COLVIN, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Southern District of New York |
Plaintiff Tammi Phoenix, represented by counsel (Binder & Binder), brings this action pursuant to § 205(g) of the Social Security Act, 42 U.S.C. § 405(g), challenging the final decision of the Commissioner of Social Security (the "Commissioner") denying her Social Security disability insurance benefits ("DIB") and Supplemental Security Income ("SSI") benefits. (Dkt. No. 1: Compl.) Presently before the Court are the parties' cross-motions for judgment on the pleadings pursuant to Fed. R. Civ. P. 12(c). (Dkt. No. 16: Phoenix Motion for Judgment on the Pleadings; Dkt. No. 20: Gov't Motion for Judgment on the Pleadings.) The parties have consented to decision of the case by a United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). (Dkt. No. 9: Consent Form.)
For the reasons set forth below, the Commissioner's motion (Dkt. No. 20) is GRANTED and Phoenix's motion (Dkt. No. 16) is DENIED.
On April 14, 2011, Phoenix applied for DIB and SSI benefits, alleging disabilitysince February 1, 2008. On August 25, 2011, the Social Security Administration ("SSA") found that Phoenix was not disabled and denied her applications. (R. 68-83.) Phoenix requested a hearing. (R. 84-85.)
On October 3, 2012, represented by counsel, Phoenix appeared at a hearing before Administrative Law Judge ("ALJ") James Kearns. (R. 48-64.) At the hearing, Phoenix amended her alleged onset date to July 1, 2010. (R. 63.) On October 18, 2012, ALJ Kearns found Phoenix not disabled. (R. 29-40.) ALJ Kearns' decision became the decision of the Commissioner on April 11, 2014 when the Appeals Council denied Phoenix's request for review. (R. 1-5.)
The issue before the Court is whether the Commissioner's decision that Phoenix is not disabled is supported by substantial evidence.
Phoenix, born on October 6, 1973, was thirty-nine years old at the time of ALJ Kearns' decision. (R. 51-51, 129.) Phoenix graduated high school. (R. 53, 177.) Phoenix last worked as a home care provider, and ceased working in 2007 when the patient she cared for was placed in a nursing home. (R. 53, 177.) Phoenix has past relevant work as an administrative coordinator, a receptionist, a groundskeeper, a home attendant, and a general clerical worker. (R. 53-54, 61, 177, 196, 198-201.)
On May 31, 2011, Phoenix submitted an Adult Function Report (R. 183-204) in support of her claim for benefits in which she stated that she could follow written and spoken instructions (R. 190). Phoenix reported no problems getting along with superiors and stated that she had never lost a job because of problems getting along with people. (R. 190.) She reported being able to handle her household finances. (R. 187.) Phoenix, however, also stated that she has problems paying attention and finishing what she starts, because she gets "tired, bored, and loosemotivation." (R. 190.)
At her hearing, Phoenix testified that since leaving her position as home attendant, she has been unable to work due to depression, panic attacks and side effects of her medication that leave her with drowsiness, insomnia and memory loss. (R. 54.) Phoenix testified that her depression caused her insomnia and that she sometimes had difficulty staying awake during the day. (R. 56.) Phoenix further testified that sometimes her anxiety and depression limited her interest in doing any activities or leaving her home. (R. 56, 58, 186.) Phoenix received monthly treatment from a social worker and her psychiatrist. (R. 55-56, 186, 188.)
Phoenix testified that she lives with her ten year old son, who she usually takes to school by subway each day. (R. 52, 56-57, 184.) A neighbor brings her son home from school. (R. 57.) On days when Phoenix is unable to get up because of her insomnia, her mother or a friend takes her son to school. (R. 56, 184.) Phoenix also attends appointments at her clinic and goes to the library. (R. 56, 188.) Phoenix testified that she has difficulty being around other people when she is having anxiety problems. (R. 56.) Phoenix cooks for her son except on her "bad" days. (R. 57, 185-86.) Sometimes Phoenix needs help washing dishes and cleaning her house. (R. 58.) Phoenix's mother does the grocery shopping, while her sister does the laundry. (R. 58, 187.) Phoenix finds that her medications are "sometimes" helpful. (R. 59.)
On July 15, 2010, psychiatrist K. Mohamed and a social worker examined Phoenix on behalf of the Federation Employment and Guidance Service ("FEGS"). (R. 247-91.) Phoenix walked alone to the evaluation and stated that she was capable of using public transportation. (R. 258.) Phoenix stated that she could cook, wash dishes, clean and shop for groceries. (R. 258.) Phoenix registered a Personal Health Questionnaire ("PHQ-9 ") score of fifteen, the lower boundaryfor "[m]oderately severe depression." (R. 232, 258.) Phoenix was not then receiving any mental health treatment. (R. 258, 285.) Phoenix reported that she "[i]s not interested in working." (R. 253.)
Dr. Mohamed found Phoenix well-groomed, cooperative and restless. (R. 282.) Phoenix reported mood swings, anxiety/fearfulness, needing to flee places, a depressed mood, an easy startle response and insomnia. (R. 281-82.) Phoenix disclosed that although she had been depressed for several years, she had stopped seeing a psychiatrist because she felt she was getting worse. (R. 282.) A mental status examination revealed restless activity, a constricted affect, slowed speech and a depressed mood. (R. 282.) Dr. Mohamed found Phoenix to have moderate limitations in her ability to follow work rules, relate to co-workers, accept supervision, adapt to change, deal with the public, adapt to stressful situations and maintain attention. (R. 283.) Dr. Mohamed diagnosed Phoenix with mood disorder, bipolar disorder NOS, and social phobia. (R. 284.) Phoenix had a current global assessment of functioning ("GAF") score of fifty and a GAF of seventy for the past year.1 (R. 284.) Dr. Mohamed opined that Phoenix was temporarily disabled from work for three months. (R. 284.)
On October 1, 2010, treating psychiatrist Dr. Braham Harneja at Bronx Lebanon Hospital completed a "Treating Physician's Wellness Plan Report" for Phoenix. (R. 343-44.) Phoenix presented with a depressed mood and constricted affect but denied delusions, paranoia or hallucinations. (R. 343.) Dr. Harneja noted that Phoenix's thought process was coherent and herinsight, judgment and impulse control were intact. (R. 343.) Dr. Harneja diagnosed Phoenix with recurrent major depressive disorder since September 8, 2010. (R. 343.) Phoenix was compliant with treatment. (R. 343.) Dr. Harneja prescribed Vistaril and Pristiq. (R. 343.) In Dr. Harneja's opinion, Phoenix had not been stabilized, and she would be unable to work for at least twelve months. (R. 344.)
On February 24, 2011, Phoenix attended individual therapy at Bronx Lebanon Hospital, where she was seen by Dr. Harneja and clinical social worker Herman Punch. (R. 329-30, 339, 341-42.) Phoenix reported to Punch that she had some improvement in her mood. (R. 329.) A mental status examination showed Phoenix to have a normal mood and appropriate affect, impaired concentration, normal speech, and moderate memory dysfunction. (R. 329.) Phoenix denied having any depressive symptoms. (R. 329.) Phoenix's thought process was logical, and her judgment, insight and attention were intact. (R. 329.) In his "Treating Physician's Wellness Plan Report," Dr. Harneja noted that Phoenix was depressed but alert and that her insight, judgment and impulse control were all intact. (R. 341.) Dr. Harneja diagnosed Phoenix with depression and again opined that she was unable to work for at least twelve months. (R. 342.)
On April 18, 2011, Phoenix had a follow-up visit with Dr. Harneja. (R. 326-28.) Phoenix reported feeling better but "down" one to two days a week and overwhelmed with housing problems. (R. 326.) Dr. Harneja's mental status exam found that Phoenix's mood was euthymic,2 and her affect was calm and constricted. (R. 326.) Phoenix's attention, memory, judgment and insight were intact, and her thought process was logical and directed. (R. 326.) Dr. Harneja refilledPhoenix's medications. (R. 326-27.)
On April 26, 2011, Phoenix returned for therapy with Punch and reported intermittent low mood, crying spells at times and self-imposed social isolation. (R. 324-25.) A mental status examination revealed Phoenix to have a depressed mood, a constricted affect, impaired concentration, forgetfulness and fair insight. (R. 324.) Phoenix reported that she had made unsuccessful efforts to find employment. (R. 324.)
On May 1, 2011, Dr. Harneja completed a "Psychiatric/Psychological Impairment Questionnaire" (R. 292-99) in which he diagnosed Phoenix with mood disorder, not otherwise specified (R. 292). Phoenix's GAF was sixty and had been sixty for the previous year. (R. 292.) Dr. Harneja noted that Phoenix had poor memory, mood disturbance, emotional lability, and difficulty thinking or concentrating. (R. 293-94.)
Dr. Harneja opined that Phoenix was moderately limited in her ability to remember locations and work-like procedures; understand, remember and carry out simple one or two-step instructions; perform activities on a schedule, maintain regular attendance and be punctual with customary tolerance; ask simple questions or request assistance; and travel to unfamiliar places or use public transportation. (R. 294-97.) Dr. Harneja, however, found Phoenix markedly limited in her ability to understand, remember and carry out detailed instructions; sustain ordinary work without supervision;...
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