Sanchez v. Saul, CASE NO. 18-23981-CIV-GAYLES/OTAZO-REYES

• Decision Date: 26 November 2019
• Docket Number: CASE NO. 18-23981-CIV-GAYLES/OTAZO-REYES
• Parties: IBELISE SANCHEZ, Plaintiff, v. ANDREW SAUL, Commissioner of Social Security, Defendant.
• Court: U.S. District Court — Southern District of Florida

IBELISE SANCHEZ, Plaintiff, v. ANDREW SAUL,¹ Commissioner of Social Security, Defendant.

CASE NO. 18-23981-CIV-GAYLES/OTAZO-REYES

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

November 26, 2019

REPORT AND RECOMMENDATION

THIS CAUSE came before the Court upon Plaintiff Ibelise Sanchez's ("Claimant") Motion for Summary Judgment (hereafter, "Claimant's Motion for Summary Judgment") [D.E. 19] and Defendant Andrew Saul, Commissioner of Social Security's ("Commissioner") Motion for Summary Judgment (hereafter, "Commissioner's Motion for Summary Judgment") [D.E. 20]. The administrative transcript (hereafter, "TR.") has been filed [D.E. 10].² For the reasons stated below, the undersigned respectfully recommends that Claimant's Motion for Summary Judgment be GRANTED, the Commissioner's Motion for Summary Judgment be DENIED, and the case be REMANDED to the Commissioner for further proceedings in accordance with this Report and Recommendation.

PROCEDURAL HISTORY

In April 2015, Claimant filed applications for a period of disability, disability insurancebenefits ("DIB"), and supplemental security income ("SSI"), alleging a disability onset date of January 1, 2014. TR. 203-21, 236. The applications were denied initially and upon reconsideration. Id. at 59-114. Pursuant to a written request, a hearing was held on October 4, 2017 before Administrative Law Judge Rebecca Wolfe ("ALJ Wolfe"), at which Claimant and Vocational Expert Devin Lessne ("VE Lessne") testified. Id. at 34-58. On January 17, 2018, ALJ Wolfe issued an Unfavorable Decision, finding that:

(1) Claimant met the insured status requirements of the Social Security Act through December 31, 2018. Id. at 17.

(2) Claimant had not engaged in substantial gainful activity since January 1, 2014, the alleged onset date (20 C.F.R. §§ 404.1571 et seq. and 416.971 et seq.). Id.

(3) Claimant had the following severe impairments: migraine headaches, depression, bipolar disorder, and coronary artery disease (20 C.F.R. §§ 404.1520(c) and 416.920(c)). Id.

(4) Claimant did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1 (20 C.F.R. §§ 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926). Id. at 18.³

(5) Claimant had the residual functional capacity (hereafter, "RFC") to perform light work subject to additional limitations. Id. at 20-21.⁴

(6) Claimant was unable to perform any past relevant work (20 C.F.R. §§ 404.1565and 416.965). Id. at 26.⁵

(7) Claimant was born on September 9, 1967 and was 46 years old, which was defined as a younger individual, on the alleged disability onset date (20 C.F.R. §§ 404.1563 and 416.963). Id.

(8) Claimant had a limited education and was able to communicate in English (20 C.F.R. §§ 404.1564 and 416.964). Id.

(9) Transferability of job skills was not material to the determination of disability because using the Medical-Vocational Rules as a framework supported a finding that Claimant was "not disabled," whether or not Claimant had transferable job skills (See SSR 82-41 and 20 C.F.R. Part 404, Subpart P, Appendix 2). Id.⁶

(10) Considering Claimant's age, education, work experience, and RFC, there were jobs that existed in significant numbers in the national economy that Claimant could perform (20 C.F.R. §§ 404.1569, 404.1569(a), 416.969 and 416.969(a)). Id.

(11) Claimant had not been under a disability, as defined in the Social Security Act, from January 1, 2014 through the date of the Unfavorable Decision (20 C.F.R. §§ 404.1520(g) and 416.920(g)). Id. at 27.

On September 18, 2018, the Appeals Council denied a request for review of ALJ Wolfe's Unfavorable Decision. Id. at 1-3. On September 26, 2018, pursuant to 42 U.S.C. § 405(g), Claimant filed this action seeking reversal of ALJ Wolfe's final administrative decision [D.E. 1].

In support of her contention that ALJ Wolfe's Unfavorable Decision should be reversed, Claimant argues that:

I. The ALJ committed reversible error in failing to set forth the requisite good cause for failing to consider or otherwise rejecting the opinions and assessments of Claimant's treating psychiatrists, and in according too much weight to the opinions of the State Agency reviewing consultant.

II. The ALJ failed to properly assess Claimant's RFC.

III. The ALJ failed to properly assess Claimant's alleged symptoms and limitations.

See Claimant's Motion for Summary Judgment [D.E. 19 at 7-22].

RELEVANT MEDICAL EVIDENCE

I. Treating Sources

A. Manuel A. Garcia, M.D. ("Dr. M.A. Garcia")

Dr. M.A. Garcia, a psychiatrist, treated Claimant from September 4, 2012 to May 27, 2015. TR. 306-29, 336-43. On September 4, 2012, Dr. M.A. Garcia performed a complete evaluation of Claimant's psychiatric condition. Id. at 306. Claimant reported that she was "very depressed" and was experiencing the following symptoms: anger; decreased energy; difficulty concentrating; fatigue; feelings of guilt; irritability; sadness; insomnia; feelings of worthlessness; and a desire to be dead, for which she convincingly denied intent. Id. Claimant denied a history of suicidal or self-injurious behavior. Id. Dr. M.A. Garcia noted that: Claimant appeared glum, tense, anxious, and sad; her associations were intact; her thinking was logical; her thought content was appropriate; her social judgment was intact; her cognitive functioning and fund of knowledge were intact and age appropriate; her short and long term memory were intact; her ability to abstract and do arithmetic calculations was intact; she was fully oriented and her insight into illness was fair; she convincingly denied suicidal intentions and homicidal ideas and intentions; and she did not display signs of hallucinations, delusions, bizarre behaviors, or other indicators of psychotic process. Id. at 306-07. Claimant was diagnosed with bipolar II disorder, most recent episode depressed; assigned a Global Assessment of Functioning ("GAF") of 50; and prescribed a sedative, an anticonvulsant, and an antidepressant known as a selective serotonin reuptake inhibitor("SSRI"). Id. at 307.⁷

On September 25, 2012, Claimant reported that: she had less energy than before; increased symptoms of anhedonia were present; she continued to feel sad; and her feelings of worthlessness continued unchanged. Id. at 313. Dr. M.A. Garcia noted that: Claimant had been taking her medication regularly; her behavior had been stable and unremarkable; and she showed "slight treatment response as of today." Id. He also noted that: Claimant appeared glum, tense, anxious and sad; her cognitive functioning and fund of knowledge were intact and age appropriate; her short and long term memory were intact; her ability to abstract and do arithmetic calculation was intact; she was fully oriented; her insight into her problems and social judgment was fair; and she convincingly denied suicidal ideas and homicidal ideas or intentions. Id. Claimant's diagnosis and prescription medications remained unchanged, but the dosages were adjusted. Id.

On October 25, 2012, Claimant "denied all psychiatric problems" and reported that her behavior had been stable and uneventful, and that she had "no psychotic, depressive, or anxiety symptoms." Id. at 315. Dr. M.A. Garcia noted that: Claimant's mood was euthymic with no signs of depression or anxiety; her speech revealed no abnormalities and her language skills were intact; she did not display signs of psychotic process; her behavior was not bizarre; there were no indications that hallucinations or delusions were present; there were no signs of thought disorder; her associations were intact; her thinking was generally logical; her thought content was appropriate; her insight and judgment were intact and normal; her cognitive functioning wascommensurate with her age and abilities; her short and long term memory were intact; her ability to abstract and do arithmetic calculation was intact; and her memory and general cognitive abilities presented as normal and intact. Id. Claimant's diagnosis, prescriptions, and dosages remained unchanged. Id.

On January 9, 2013, Claimant denied psychiatric, psychotic, anxiety, and depressive symptoms and reported that her behavior had been stable and uneventful. Id. at 316. Dr. M.A. Garcia noted that: Claimant's mood was euthymic with no signs of depression or elevation; her language skills were intact; she convincingly denied suicidal ideas; she did not display signs of psychotic process; her behavior was basically appropriate; there were no indications that hallucinations or delusions were present; there were no signs of thought disorder; her associations were intact; her thinking was generally logical; her thought content was appropriate; her insight and judgment were intact and normal; her cognitive functioning was commensurate with her age and abilities; her short and long term memory were intact; her ability to abstract and do arithmetic calculation was intact; and her memory and general cognitive abilities presented as normal and intact. Id. Claimant's diagnosis, prescriptions, and dosages remained unchanged. Id.

On May 22, 2013, Claimant reported that she continued to feel sad and experienced "symptoms of mania intermingled with depressed mood." Id. at 317. Dr. M.A. Garcia noted that Claimant had a partial response to treatment, and that her anhedonia and feelings of worthlessness continued unchanged. Id. He also noted that: Claimant was glum, tense, and anxious; her affect was constricted; she denied having suicidal ideas but wished to be dead and convincingly denied suicidal intentions and homicidal ideas or intentions; her cognitive functioning and fund of knowledge were intact and age appropriate; her social judgment appeared fair; her short and long term memory were intact; she was able to abstract and do arithmetic calculations; she was fullyoriented; and her insight into her problems was fair. Id. Claimant's diagnosis and...