Walter v. Berryhill
| Decision Date | 19 July 2018 |
| Docket Number | Civil Action No. 17-1124 |
| Parties | MICHELE ANN WALTER, Plaintiff, v. NANCY A. BERRYHILL, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — Western District of Pennsylvania |
OPINION
Michele Ann Walter ("Walter") brings this action pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), seeking review of the final determination of the Commissioner of Social Security ("Defendant" or "Acting Commissioner") denying her application for supplemental security income ("SSI") benefits under Title XVI of the Social Security Act, 42 U.S.C. §§1381-1383f. ("Act"). This matter comes before the Court on cross-motions for summary judgment. (ECF Nos. 16, 18). The record was developed at the administrative level. For the following reasons, Walter's Motion for Summary Judgment will be denied, and Defendant's Motion for Summary Judgment will be granted.
Walter filed applications for SSI benefits on September 5 and 26, 2013, claiming a disability onset date of September 5, 2012.2 (R. at 24, 85, 159-73). She claimed that herinability to work stemmed from her depression/ anxiety DX5/2013; her learning disability; and her back and right hip issues DX 2011. (Id. at 84, 160). Walter was denied SSI benefits on January 22, 2014. (Id. at 98-101). She filed a request for an administrative hearing, which was held on November 9, 2015, before Administrative Law Judge ("ALJ") John J. Porter. (Id. at 44). Walter appeared with counsel and testified at the hearing. (Id. at 44-83). Alina Kurtanich, an impartial vocational expert, provided testimony concerning the nature of jobs and expectations of employers existing in the national economy. (Id. at 78-83).
In a decision dated February 23, 2016, the ALJ determined that Walter was not "disabled" within the meaning of the Act. (R. at 13-25). Walter filed a request for review of the ALJ's decision by the Appeals Council, which was denied on June 29, 2017, thereby making the ALJ's decision the final decision of the Commissioner. (Id. at 1-3).
Walter filed a Motion for Leave to Proceed in Forma Pauperis on August 25, 2017, that was granted on August 29, 2017. (ECF Nos. 1, 2). Thereafter, Walter filed a complaint on August 29, 2017, which was not served until October 2017. (ECF Nos. 3, 5). After being granted an enlargement of time, Defendant filed an answer on January 22, 2018. (ECF No. 8). The parties voluntarily consented to having a United States Magistrate Judge conduct all further proceedings in this case. (ECF Nos. 12, 13). Cross motions for summary judgment followed. The matter has been fully briefed. (ECF Nos. 16-20).
Walter was born on November 6, 1974, and was forty-one years of age at the time of the hearing. (R. at 52). Walter went no further than the eighth grade. (Id.) She has no vocational or post-secondary education. (Id. at 189). Walter has three children. (Id. at 285). She initiallystopped working to take care of her middle child who at that time was just six months of age; her middle child was eleven at the time of the hearing. (Id. at 55). Walter's last job was as a bartender, and she previously worked as an aide at a daycare. (Id. at 189). Walter currently lives with her boyfriend. (Id. at 70).
The ALJ's decision includes a detailed summary of the medical evidence pertaining to Walter's physical and mental impairments. (R. at 13-24). Walter's challenge pertains to the ALJ's analysis of her mental impairment.
Dr. Michael Frantz, D.O., treated Walter at People in Need on June 12, June 30, July 21, August 21, and September 22, 2015, for mood, anxiety, and substance issues. (R. at 297-306, 317-19). She sought treatment at People in Need after being referred there by a halfway house. (Id. at 304). At her initial visit, Walter complained of restlessness, fatigue, anxiety, and decreased attention, memory, and concentration, but Dr. Frantz found her attention, memory, and concentration to be fair. (Id. at 304-05). She reported that she was seeing a therapist weekly. (Id.) Dr. Frantz recorded that Walter had a history of low mood, irritability, decreased sleep, and low energy. (Id. at 304). Avoidance, flashbacks, and hyperarousal were discussed. (Id. at 304). He described her affect as anxious with limited insight and judgment. (Id. at 305). He found her thoughts to be linear and goal directed. (R. at 305). He found her speech to be soft and slow. (Id.) He found her to have no evidence of hallucinations, psychosis, or suicidal/homicidal thoughts. Dr. Frantz diagnosed her with a depressive disorder and prescribed various medications. (Id. at 306).
On June 30 and July 21, 2015, Dr. Frantz recorded that there were mild benefits with change in medication but her symptoms continued to cause distress. (Id. at 300, 302). Dr. Frantz found her to be awake, alert, and oriented to person, place, time, and event; having no suicidal ideation; affect congruent; and her mood, attention, memory, and concentration to be fair. (Id. at 300, 302). On August 21, 2015, Dr. Frantz recorded that Walter was having less distress and tolerating her medication without side effects. (Id. at 298). Dr. Frantz found her to be awake, alert, and oriented to person, place, time, and event; having no suicidal ideation; affect congruent; and her mood, attention, memory, and concentration to be fair. (Id.) On September 22, 2015, Dr. Frantz again described Walter's symptoms as causing her less distress. (Id. at 317). Dr. Frantz again found her to be awake, alert, and oriented to person, place, time, and event; having no suicidal ideation; and her mood to be "better" and her attention, memory, and concentration to be fair. (Id. at 317).
Walter also treated with Samantha Maxwell, LCSW, at People in Need. On August 25, 2015, Walter was not taking her medication due to problems with her pharmacy and reported problems with anxiety, poor sleep, and agitation. (Id. at 323). Maxwell found Walter to be on edge during the session. (Id.) Maxwell recorded that Walter was cooperative with goal directed and productive speech. (Id. at 324). On September 15, 2015, Walter participated in a therapy session for anxiety and depression. (Id. at 320). Maxwell recorded that Walter responded positively to the fact that soon she would be leaving the halfway house and planned to attend meetings, volunteer, and engage in family counseling once she was released from the halfway house. (R. at 320). Also, on that day, Walter self-reported a reduction in PTSD symptoms with exposure to trauma-related stimuli. (Id.)
Dr. Wesley Sowers of POWER New Day Outpatient completed a mental residual functional capacity questionnaire on October 8, 2013. (Id. at 277). Dr. Sowers explained that he had treated Walter for four months (seeing her once per month) and found her to have both major depression and anxiety d/o NOS but could not identify when her symptoms began. (Id. at 277-81). Her signs and symptoms included: appetite disturbance with weight change; decreased energy; blunt, flat, or inappropriate affect; feelings of guilt or worthlessness; mood disturbance; difficulty thinking or concentrating; psychomotor agitation or retardation; persistent disturbances of mood or affect; emotional withdrawal or isolation; and emotional lability. (Id. at 278). Dr. Sowers did not diagnose Walter with substance dependence or identify substance dependence as one of Walter's signs or symptoms. (Id. at 277-78)
Dr. Sowers found Walter to be seriously limited in nearly every "Mental Abilities and Aptitudes needed to do Unskilled Work" category and recorded problems with concentration and motivation, including the ability to remember work-like procedures, carry out very short and simple instructions, maintain regular attendance, sustain an ordinary routine without special supervision, work in coordination with or proximity to others without being unduly distracted, complete a normal workday and workweek without interruptions from psychologically based symptoms, respond appropriately to changes in a routine work setting, get along with co-workers, deal with normal work stress, ask questions, perform at a consistent pace, and maintain socially appropriate behavior.3 (R. at 279-80). Dr. Sowers believed Walter's impairments or treatment would cause her to miss work three days per month and that her disorders would last or had lasted at least twelve months. (Id. at 281). It is Dr. Sowers' medical opinion that Waltercannot engage in full-time competitive employment on a sustained basis. Finally, Dr. Sowers answered "no" to the question, "If your patient's impairments include alcohol or substance abuse, do alcohol or substance abuse contribute to any of your patient's limitations set forth above?" (Id.)
Wilhelmenia Oakley, POWER's outpatient program manager, informed the disability claims adjuster that on May 21, 2013, Walter was diagnosed with alcohol dependence, barbiturate abuse, cocaine dependence in remission, and cannabis dependence in remission. (Id. at 282). She began treatment on May 30, 2013. On June 18, 2013, she completed orientation and was moved to Intensive Outpatient Level Care where she was required to attend eight hours of group and one hour of individual therapy per week. On July 16, 2013, due to a relapse, she was moved into "Partial Level of Care" and was required to attend sixteen hours of group and two individual sessions per week. Walter stepped down to "Intensive Level of Care" on October 2, 2013. (Id.)
On January 9, 2014, Walter underwent a consultative psychological evaluation with Dr. Charles Kennedy. (R. at 284-91). Dr. Kennedy recorded that Walter regained custody of two of her children in December 2013. (R. at 285). Dr....
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