Shell v. Colvin

• Decision Date: 16 September 2013
• Docket Number: CAUSE NO.: 1:11-CV-301-PRC
• Parties: SCOTT A. SHELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of the Social Security Administration, Defendant.
• Court: U.S. District Court — Northern District of Indiana

SCOTT A. SHELL, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissionerof the Social Security Administration, Defendant.

CAUSE NO.: 1:11-CV-301-PRC

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION

So ORDERED: September 16, 2013

OPINION AND ORDER

This matter is before the Court on a Complaint [DE 1], filed by Plaintiff Scott A. Shell on August 31, 2011, and an Opening Brief of Plaintiff in Social Security Appeal [DE 21], filed by Plaintiff on May 1, 2012. Plaintiff requests that the June 25, 2010 decision of the Administrative Law Judge denying his claims for disability insurance benefits ("DIB") and supplemental security income ("SSI") be reversed or remanded for further proceedings. On August 13, 2012, the Commissioner filed a response, and Plaintiff filed a reply on September 17, 2012. For the following reasons, the Court grants the relief sought by Plaintiff and remands this matter for further proceedings.

PROCEDURAL BACKGROUND

On December 29, 2008, Plaintiff filed applications for DIB and SSI, alleging an onset date of December 29, 2008. His applications were denied initially on July 6, 2009, and upon reconsideration on September 4, 2009. On October 15, 2009, Plaintiff filed a timely request for hearing. The hearing was held on June 8, 2010, in Ft. Wayne, Indiana, before Administrative Law Judge ("ALJ") David K. Gatto, by video teleconference. In appearance were Plaintiff, his attorney Joseph W. Shull, his mother Debra Resendez, and vocational expert ("VE") Jeff Goldfarb. On June25, 2010, the ALJ issued a decision finding that Plaintiff was not disabled under the Social Security Act. The ALJ made the following findings:

1. The claimant meets the insured status requirements of the Social Security Act through December 31, 2011.

2. The claimant has not engaged in substantial gainful activity since December 29, 2008, the alleged onset date (20 CFR 404.1571 et seq., and 416.971 et seq.).

3. The claimant has the following severe impairments: depressive disorder, not otherwise specified/major depressive disorder; anxiety disorder, not otherwise specified; alcohol dependence; amnestic disorder status post brain trauma; status post arthroplasty of the left foot toes 1-4; status post amputation of second toe, third toe, fifth toe, and great toe of left foot; complex regional pain syndrome of bilateral lower extremities; and status post skin grafting (20 CFR 404.1520(c) and 416.920(c)).

4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR 404.1520(d), 404.1525, 404.1526, 416.920(d), 416.925 and 416.926).

5. After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform unskilled sedentary work as defined in 20 CFR 404.1567(a) and 416.967(a).

6. The claimant is unable to perform any past relevant work (20 CFR 404.1565 and 416.965).

7. The claimant was born [in 1977] and was 31 years old, which is defined as a younger individual age 18-49, on the alleged disability onset date (20 CFR 404.1563 and 416.963).

8. The claimant has at least a high school education and is able to communicate in English (20 CFR 404.1564 and 416.964).

9. Transferability of job skills is not material to the determination of disability because using the Medical-Vocational Rules as a framework supports a finding that the claimant is "not disabled," whether or not the claimant has transferable job skills (See SSR 82-41 and 20 CFR Part 404, Subpart P, Appendix 2).

10. Considering the claimant's age, education, work experience, and residual functional capacity, there are jobs that exist in significant numbers in the national economy that the claimant can perform (20 CFR 404.1569, 404.1569(a), 416.969, and 416.969(a)).

11. The claimant has not been under a disability, as defined in the Social Security Act, from December 29, 2008, through the date of this decision (20 CFR 404.1520(g) and 416.920(g)).

AR 41-51.

On June 27, 2011, the Appeals Council denied Plaintiff's request for review, leaving the ALJ's decision the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481. Plaintiff filed this civil action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for review of the Agency's decision.

The parties filed forms of consent to have this case assigned to a United States Magistrate Judge to conduct all further proceedings and to order the entry of a final judgment in this case. Therefore, this Court has jurisdiction to decide this case pursuant to 28 U.S.C. § 636(c) and 42 U.S.C. § 405(g). On September 6, 2012, this case was reassigned to the undersigned Magistrate Judge.

FACTS

A. Background

Mr. Shell was 29 years old at his alleged onset. He has a high school education. His past relevant work was as a cook and a line operator.

B. Medical Background

1. Mental Impairments

a. Parkview Behavioral Hospital

On December 25, 2008, Mr. Shell was involuntarily committed at the request of his mother and grandfather due to his erratic behavior and suicide threats. On admission, testing showed a blood alcohol level of 0.35. In a psychiatric evaluation dated December 26, 2008, Mr. Shell reported that he was receiving unemployment benefits, which was what helped him get through school. He was transferred to the care of Park Center on January 2, 2009, and he was seen by Dr. Lambertson, Dr. Surakanti, and Dr. Don Marshall. During the few days that Dr. Lambertson followed Mr. Shell, Mr. Shell's mood was bright, and there was no evidence of depression. Mr. Shell continued to deny any suicidal ideation. Dr. Lambertson noted a long history of problems with underlying anxiety. On January 5, 2009, Dr. Lambertson found that it was reasonable to release Mr. Shell as he was not showing any evidence of underlying depression. His discharge diagnosis included alcohol dependence, continuous and severe; substance induced mood disorder, resolved; and anxiety disorder, NOS. His Global Assessment of Functioning ("GAF") on admission was 10-15 and 55-60 on discharge.

b. Park Center Inc.

On January 20, 2009, Brenda Smith, a social worker with Park Center, Inc., performed a case management individual assessment. Mr. Shell reported that his family is involved but not emotionally supportive, people outside of the family are occasionally supportive, he makes friends and maintains relationships, and he did not want his mother involved in treatment. He reported some problems in the work environment involving attendance, productivity, and poor relationshipswith others. He was not employed at that time, but he had held jobs for reasonable periods of time, and he was attending college full time. In the mental status domain the following conditions were found to exist: agitation, poor judgment, minimal insight, denial of problems, anxious and angry mood, suspicious and blaming thought content, mild disruptions in thought processes or content, mild problems with impulse control, agitated when confronted with a problem, difficulty choosing appropriate alternatives when making decisions, mild to moderate problems with decision-making, mild phobia or anxiety problem, trouble sleeping, and mild depression.

Mr. Shell reported that he was able to stay on task and did not have any trouble moving from one activity to another. It was noted that his moderate to severe anger control problems created significant problems within family, school, and work. There was evidence of a moderate degree of interpersonal problems. He needed a little more drugs/alcohol to get high, and he had missed an important obligation because of getting high or getting over the effects of being high. He was found to have a moderate substance use problem that required treatment. The diagnosis was Depressive Disorder, NOS, alcohol dependence, and anxiety disorder, NOS. His then-current GAF was 61.

Mr. Shell saw Karen Lothamer, a psychiatric nurse, on February 2, 2009. On a mental status exam he was positive for a flight of ideas. He was found to be fully compliant in his medications and much better. He was seen again by Ms. Lothamer on March 30, 2009. On a mental status exam positive signs included the following: depressed and anxious mood. He was fully compliant with his medications; he was symptomatic but stable.

In May 2009, James White, a service coordinator, and Dr. Larry Lambertson, a psychiatrist, completed a "Report of Psychiatric Status" at the request of Social Security. Dr. Lambertson noted the current diagnosis of depressive disorder, NOS, alcohol dependent, and anxiety disorder. At thetime, Mr. Shell's GAF was 50, and his highest GAF for the previous year was 55. Mr. Shell reported having problems from a mental standpoint after graduating from high school. His family physician had started him on Prozac. Mr. Shell said that his mental difficulties came to a head around August of 2007 when he was working as a cook in an Italian restaurant. He had tried unsuccessfully to get a job at many different places since 2007, and he reported that he was mainly told that he was either not qualified or that he was over-qualified. His past treatment included seeing Dr. P. Rustagi, a psychiatrist, in 1996; treatment at Lindenview Hospital in 1998; treatment at Charter Beacon hospital in 2001; treatment at Parkview Behavioral Health in 2008 and 2009; and treatment at Park Center from August of 1998 to October of 1998, August 2001 to January 2002, August 2008, and December of 2008 to the date of the report. It was observed that Mr. Shell was somewhat emotional in his presentation, his mood and affect at times appeared to be tearful, he had an emotionally sad face during the interview, and he spent a lot of time staring at the floor.

In regard to current specific manifestations of Mr. Shell's mental disorder, it was noted that he talked with "utter despair" about alienating himself and becoming quite aloof,...