Watkins v. Astrue
| Decision Date | 06 August 2012 |
| Docket Number | No. 3:11–CV–00903–BR.,3:11–CV–00903–BR. |
| Citation | 884 F.Supp.2d 1135 |
| Parties | Tammy WATKINS, Plaintiff, v. Michael J. ASTRUE, Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — District of Oregon |
OPINION TEXT STARTS HERE
Karen Stolzberg, Lake Oswego, OR, for Plaintiff.
S. Amanda Marshall, United States Attorney Adrian L. Brown, Assistant United States Attorney, Portland, OR, David Morado, Regional Chief Counsel, David J. Burdett, Special Assistant United States Attorney, Office of the General Counsel, Social Security Administration, Seattle, WA, for Defendant.
Plaintiff Tammy A. Watkins seeks judicial review of the final decision of the Commissioner of the Social Security Administration in which the Commissioner denies Plaintiff's applications for Disability Insurance Benefits (DIB) pursuant to Title II of the Social Security Act, 42 U.S.C. §§ 401–34, and Supplemental Security Income (SSI) pursuant to Title XVI of the Social Security Act, 42 U.S.C. §§ 1381–83f. This Court has jurisdiction to review the Commissioner's final decision pursuant to 42 U.S.C. § 405(g).
For the reasons that follow, the Court REVERSES the decision of the Commissioner and REMANDS this matter to the Commissioner for further administrative proceedings as set forth below.
Plaintiff applied for DIB and SSI on August 27, 2008, alleging she has been disabled since that time because of Obsessive Compulsive Disorder (OCD), Attention Deficit Disorder(ADD), anxiety, and chronic insomnia. Tr. 154–55. Plaintiff's applications were denied initially on October 6, 2009, and on reconsideration on March 23, 2007. Tr. 68–69, 81–86.
On July 21, 2010, the ALJ held a hearing on Plaintiff's DIB and SSI applications. Plaintiff and a vocational expert (VE) testified at the hearing. Tr. 36–67.
On August 6, 2010, the ALJ issued a decision that Plaintiff is not disabled and, therefore, is not entitled to DIB or SSI. Tr. 21–30.
On June 18, 2011, the Appeals Council denied Plaintiff's request for review. Tr. 1–6. Accordingly, the ALJ's August 6, 2010, decision was the final decision of the Commissioner. Tr. 13–15.
On June 28, 2011, Plaintiff filed her Complaint in this Court seeking review of the Commissioner's final decision.
As of the July 21, 2010, hearing, Plaintiff was 34 years old. Tr. 37. She was last employed as a bartender and cocktail waitress for almost three years until August 2008. Tr. 40, 230. She quit the job because of severe anxiety, nausea, stomach aches, and occasional diarrhea, which caused her to leave work early at least once a week toward the end of her employment. She experienced such anxiety for ten years. Tr. 40–41. She usually was scheduled to work only eight days each month and frequently missed one or two of those days. Tr. 43. Even so, on those days when she was unable to find a replacement at work, she experienced increased stomach problems, including constant pain that worsened when she ate. Tr. 44.
Plaintiff has chronic diarrhea but she only has bowel movements one day a week when she spends “a couple of hours a day” in the bathroom. Tr. 45. She has sought treatment, but she has been told “everything seemed fine.” Tr. 48.
Worrying a lot about her health impedes her ability to concentrate. Tr. 48. Ever since she was eight years old, Plaintiff has pulled out her hair and eyelashes when she becomes anxious. Tr. 44. In addition, Plaintiff does not read because she is unable to retain information. Tr. 48. Before she recently moved in with her parents, Plaintiff spent so much time worrying about living alone that she was unable to watch television. Tr. 49. In the past five years Plaintiff has experienced difficulty sleeping, sometimes going without sleep for three days and then sleeping up to 11 hours at a time. Tr. 46–50.
Since 2008 Plaintiff has lacked the attention span to watch movies. Tr. 50. Any commotion, noise, or visits with family members trigger her anxiety and make her sick, nervous, and lacking in energy. Tr. 51. At those times she stays in her room like a hermit and avoids everyone. Tr. 51. When she loses her patience with people, she flails, yells, and gives them dirty looks. Tr. 52. Because she dislikes dealing with people, she does her grocery shopping late in the day just before the store closes. Tr. 53.
Plaintiff now has fewer doctors' appointments than she did two years ago when she stopped working. Tr. 54. Before she stopped working, she was seeing a doctor three times a week. Tr. 54. She remains worried, anxious, and nauseous resulting in lack of sleep about “80 per cent of the time” and suffers from stomach problems and nausea. Tr. 55. Although she feels “depressed, worthless, [and] guilty” every day, she does not have any thoughts of suicide. Tr. 55–56.
Plaintiff is prescribed Effexor to treat her depression and anxiety and Amitriptyline to help her sleep. Tr. 56. She also sees Clinical Psychologist Kimberley Schlievert, Ph.D., with whom she feels comfortable and who has been helpful by listening to her. Tr. 57. Dr. Schlievert told Plaintiff that “it took [Plaintiff] a long time to basically get as screwed up as [she is,] ... and it's going to take a long time to undo it.” Tr. 57. Prescribed medications help and Plaintiff's “thoughts aren't racing as much as they used to,” but her anxiety “is still an issue.” Tr. 58.
Plaintiff's mother submitted a report in which she confirmed Plaintiff lives in her mother's home. Tr. 185. Plaintiff is “very depressed” and lays around the house eating and occasionally watching “some T.V.” She is obsessed with removing her hair, eyelashes, and eyebrows, and she suffers from “severe nervousness and trouble sleeping.” Tr. 185. Since the onset of her illness, Plaintiff has been unable to work or to participate in family outings or gatherings. Tr. 186. She does not prepare meals or do any work around the home, and she seldom goes out. Tr. 187–88. Plaintiff's impairments affect her ability to lift, to talk, to remember things, to concentrate on and to complete tasks, to understand and to follow written instructions, and to get along with others. Tr. 190. She understands oral instructions more clearly than written instructions. Tr. 190. She is unable to interact with authority figures who are “harsh.” Tr. 191. She handles stress “very bad[ly]” and “just goes to bed.” Tr. 191. She is fearful of health issues, being alone at night, someone breaking into the house, and going anywhere. Tr. 191.
In July 2008 Plaintiff complained of insomnia after over-the-counter sleep medications were ineffective. Tr. 239. She also complained of severe anxiety, which had been a problem for most of her life. She also worried she might have Attention Deficit Hyperactivity Disorder (ADHD). Tr. 239. She was diagnosed with Insomnia, Anxiety Disorder, Trichotillomania (a compulsive urge to pull out body hair), and possible Somatoform Disorder. Tr. 539.
In September 2008 Plaintiff continued to complain about severe anxiety, and she doubted Lexapro, her prescribed medication, was helping her. Tr. 235.
In January 2009 Plaintiff was voluntarily admitted to the hospital for four days to treat depression. Tr. 292–96. She was diagnosed with Major Depression and Mixed Personality Disorder NOS and assigned a GAF 1 of 40 (major impairment in several areas, such as work). Tr. 296. When she was discharged, her GAF had improved to 60 (moderate difficulty in social, occupational, and school functioning). Tr. 293.
In September 2008 Plaintiff began being treated for excessive anxiety, fatigue, feeling on edge, insomnia, loss of concentration, irritability, loss of concentration, and fear of abandonment. Tr. 25. At that time Certified Alcohol and Drug Abuse Counselor (CADC) Sarah J. Heaverlo assigned Plaintiff a GAF score of 50 (serious impairment in social, occupational, or school functioning). Tr. 254.
In November 2008 Plaintiff's diagnoses included Post–Traumatic Stress Disorder (PTSD), Generalized Anxiety Disorder, Social Phobia, and Trichotillomania. Psychiatric Nurse and Mental Health Nurse Practitioner (PMHNP) Anna Cox, assigned Plaintiff a GAF score of 35 (major impairment in work, school, or family relations). PMHNP Cox found Plaintiff's prognosis to be guarded, and she recommended further treatment. Tr. 255–58.
In February 2009 PMHNP Lori Popeski noted Plaintiff was cooperative but depressed and somewhat anxious. PMHNP Popeski's diagnoses of Plaintiff's condition were the same as those of PMHNP Cox in November 2008, but she found Plaintiff's GAF score had improved to 51 (moderate difficulty in social, occupational, or school functioning). Tr. 406–08.
Dr. Schlievert began treating Plaintiff in February 2009 and found Plaintiff was anxious with a flat affect and depressed mood. Tr. 316. Two weeks later Plaintiff was more insightful, smiling and joking, with a brighter affect. Her impulse control was improving and her GAF was 60 (moderate difficulty in social, occupational, or school functioning).
Dr. Schlievert also treated Plaintiff in March 2009 and found Plaintiff's GAF had improved to 65 (mild symptoms or some difficulty in social, occupational, or school functioning). Tr. 313.
In April 2009 Dr. Schlievert noted Plaintiff had missed scheduled appointments on three occasions and had two other “late” cancellations. Tr. 311. During the same time-frame, PMHNP Popeski noted “some malingering” because Plaintiff's complaint as to anxiety was “somewhat noncongruent with her ‘stable’ ” mood. Tr. 402.
In July 2010 Dr. Schlievert answered a questionnaire from the Social Security Administration regarding Plaintiff's mental functioning. Dr. Schlievert diagnosed Plaintiff with PTSD; Major Depression, severe, with psychosis; Panic Disorder with Agoraphobia; and OCD. Dr....
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