Robert S. v. Kijakazi
| Docket Number | 20 C 6286 |
| Decision Date | 05 January 2022 |
| Parties | ROBERT S., [1] Plaintiff, v. KILOLO KIJAKAZI, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Northern District of Illinois |
Plaintiff applied for Supplemental Security Income under Title XVI of the Social Security Act (“Act”), 42 U.S.C §§ 1381a, 1382c, over three years ago in March of 2018. (Administrative Record (R. 168-73)). He claimed that he had been disabled since 1993, due to a learning disability ADHD, depression, anxiety, and social phobia. (R. 168, 189). Over the next two and a half years, plaintiff's application was denied at every level of administrative review: initial, reconsideration, administrative law judge (ALJ), and appeals council. It is the ALJ's decision that is before the court for review. See 20 C.F.R §§404.955; 404.981. Plaintiff filed suit under 42 U.S.C. § 405(g) on October 22, 2020. The parties consented to my jurisdiction pursuant to 28 U.S.C. § 636(c) on October 28, 2020. [Dkt. #8]. Plaintiff asks the court to reverse and remand the Commissioner's decision, while the Commissioner seeks an order affirming the decision.
Plaintiff was born on May 15, 1974, making him just 19 years old when he claims he became unable to work, and just 35 years old when the ALJ found him not disabled. (R. 12-39, 168). He dropped out of high school in his sophomore year and became a carpenter. (R. 376). But, he has seldom worked. (R. 190). Since high school, he has smoked marijuana every day but, after some time, it began to give him panic attacks. He discovered he could curb those with alcohol, so he began drinking a twelve-pack of beer most days in addition to smoking marijuana. He continued that course through about 2018 (R. 555), about the time he applied for Supplemental Security Income. (R. 168-73)
Mid-way through plaintiff's sixth grade year, he was tested at mid-fourth-grade reading level but at mid-sixth grade in wide range achievement. His reading problems were symptomatic of dyslexia. His poor attitude and attendance were rated to be the worst of his problems. (R. 313-15). After entering ninth grade, plaintiff had another such evaluation. Broad cognitive ability (similar to IQ level) and verbal ability were low average, reasoning was moderately deficient, perceptual speed was high average, and memory was moderately deficient. (R. 315-16). Academic achievement levels were severely deficient in reading, low average in math, and moderately deficient in written language and knowledge. (R. 317-18). The evaluator felt plaintiff was of low to high average abilities and was performing acceptably in math, but considerably lower in reading and written language. (R. 319).
As an adult, plaintiff underwent a neuropsychological evaluation in March of 2009. He reported a history of depression and that he had made several serious suicide attempts over the past ten years. (R. 362). At the time, he was working as a carpenter, which helped his mental state. (R. 362). On the Wechsler Adult Intelligence Scale (WAIS-IV), he had a full-scale IQ score in the low average range at 82. (R. 366). Plaintiff's nonverbal reasoning was relatively strong, but he had difficulty processing verbal information, like spoken instructions. (R. 367). He had trouble comprehending complex auditory information, as well as with learning and memory (R. 367). Results were suggestive of ADHD. (R. 368). Processing speed was slowed. (R. 368). The neuropsychologist felt that plaintiff appeared susceptible to episodes of affective disturbance that likely involved features of depression sufficient to interfere with effective functioning. (R. 369). He thought plaintiff's difficulty with expressive language greatly interfered with his ability to express his emotions and that he was less able to manage ordinary levels of stress, struggling to function in situations to which most people could adjust easily. (R. 369). He was comfortable in structured and familiar situations. (R.369). He was interested in being round people and would demonstrate adaptive interpersonal behavior most of the time. (R. 369).
Plaintiff had a more recent evaluation in November 2015. His general cognitive ability was in the average range of intellectual functioning. Again, his nonverbal reasoning was much better than his verbal reasoning. Processing complex visual information and spatial relationships was a strength; making sense of complex verbal information was a weakness. (R. 375). Reading skills were low average, but comprehension was intellectually deficient. (R. 378). Attention and concentration were in the low average range. (R. 379). Adaptive learning and thinking flexibility were average. (R. 379). Reading fluency was low intellectually deficient. (R. 380). Math problem solving was borderline, calculation was low average, and calculation speed was in the intellectually deficient range. (R. 380). His spelling was intellectually deficient, his sentence composition was low average, and spontaneous written expression was intellectually deficient. (R. 381). Testing also revealed moderate depressive symptoms. (R.382). Diagnoses were Mild ADHD, bipolar disorder, and learning disorders in reading, writing, and mathematics. (R. 383).
In April 2017, plaintiff had an initial psychiatric evaluation with Dr. Huma Pandit. (R. 481-482). He reported he had been taking psychotropic medication since he was 18, including Seroquel, Trintellix, Vyvanse, Zyprexa, and Lamictal. Dr. Pandit noted a depressed affect and diagnosed bipolar disorder, substance abuse, and ADHD. Plaintiff reported multiple hospitalizations, most recently eight years earlier for suicidal ideation. He reported anxiety due to everyday stressors, but denied panic attacks. He said he had trouble sleeping, and continued to smoke pot and drink. He also said he experienced blackouts. Dr. Pandit indicated he would simplify plaintiff's medication regimen and directed plaintiff to continue meeting with a therapist.
From late August 2017 through early September 2017, plaintiff was admitted for six days for psychiatric treatment for bipolar disorder and psychosis, with symptoms of mood swings and increasing paranoia. (R. 424). In October 2017, plaintiff reported to his primary care physician that he had had a “psychiatric break” and had required two months of inpatient treatment, which he attributed to binge drinking. (R. 517).
In February 2018, plaintiff met with Dr. Pandit and reported that he was attending group sessions regularly for individuals with bipolar disorder, as well as SMART Recovery meetings for substance abuse. (R. 550). Plaintiff said he was feeling less paranoid and tried to keep busy, but still felt low motivation and at times “got stuck on things.” (R. 550). Dr. Pandit observed that plaintiff's mood was low, his affect was anxious, and his judgment was poor. (R. 550). The doctor increased Lamictal and added Lithium and Wellbutrin. (R. 550). In March 2018, Dr. Pandit noted that plaintiff had a low mood, anxious affect, and poor judgment. (R. 480). He increased plaintiff's Wellbutrin dosage to help with poor focus and motivation. (R. 480). A month later, mental status examination was the same: low mood, anxious affect, and poor judgment. (R. 478).
In March and April 2018, plaintiff underwent further psychological evaluation. (R. 531). Over the course of two days, he was administered all or part of 16 tests to measure depression, anxiety, mood, substance abuse, behavior, and personality. (R. 533). He was noted to be open and cooperative, though he rarely initiated conversation. (R. 533). Plaintiff's hygiene was poor, with strong cigarette and body odor. (R. 533). Mood was depressed and eye contact was sporadic. (R. 534). Plaintiff's affect was anxious, but less so as he became familiar. (R. 534). The examiner diagnosed chronic bipolar II disorder, current episode depressed, severe, generalized disorder, moderate, and alcohol use disorder, in early remission. (R. 538). The examiner also indicated that the testing suggested plaintiff had some intellectual delays and mild borderline features. The examiner noted that plaintiff might thrive better in a highly structured environment. (R. 533). Plaintiff's depression would likely be exacerbated by plaintiff's anxious distress and tendency to isolate. (R. 533).
Subsequent psychiatric notes indicated stable, with ongoing poor focus and motivation, crying spells, and sleep difficulties. In May 2018, Dr. Pandit noted that Plaintiff reported having experienced a two-day manic episode three weeks earlier. (R. 544). He reported spending most of his time at home watching television. (R. 544). Mental status examination again revealed low mood, anxious affect, and poor judgment. (R. 544).
The following week, plaintiff underwent a consultative psychiatric evaluation in connection with his application for benefits. (R. 554-557). The examiner thought that plaintiff's paranoia appeared to coincide with substance abuse and though plaintiff described his symptoms as manic, they resembled depression or anxiety. Plaintiff was focused during the evaluation. Mental status examination revealed constricted affect. The examiner felt that plaintiff's processing was very slow and he had trouble with numbers. He diagnosed plaintiff with major depression, recurrent severe, polysubstance abuse in eight-month remission, generalized anxiety disorder, and rule out learning disability. (R. 554-557).
In July 2019, Dr. Pandit observed plaintiff to have an anxious affect, poor judgment, and limited insight. Mood was better. (R. 575). In April 2019, plaintiff reported to his primary care physician he had attempted to commit suicide by overdose the previous...
To continue reading
Request your trial