Watzman v. Colvin
| Decision Date | 23 March 2016 |
| Docket Number | Civil No. TMD 14-3432 |
| Parties | HOWARD MARC WATZMAN, Plaintiff, v. CAROLYN W. COLVIN, Acting Commissioner of Social Security, Defendant. |
| Court | U.S. District Court — District of Maryland |
Plaintiff Howard Watzman seeks judicial review under 42 U.S.C. §§ 405(g) and 1383(c)(3) of a final decision of the Commissioner of Social Security ("Defendant" or the "Commissioner") denying his applications for disability insurance benefits ("DIB") and Supplemental Security Income ("SSI") under Titles II and XVI of the Social Security Act. Before the Court are Plaintiff's Motion for Summary Judgment (ECF No. 18) and Defendant's Motion for Summary Judgment (ECF No. 29).1 Plaintiff contends that the administrative record does not contain substantial evidence to support the Commissioner's decision that he is not disabled. No hearing is necessary. L.R. 105.6. For the reasons that follow, Defendant's Motion for Summary Judgment (ECF No. 29) is GRANTED, Plaintiff's Motion for Summary Judgment (ECF No. 18) is DENIED, and the Commissioner's final decision is AFFIRMED.
Plaintiff was born in 1966, has a college education, and previously worked as a medical consultant and physician. R. at 29, 44-45, 49-50. Plaintiff applied for DIB and SSI on October 28, 2010 (with a protective filing date of October 7, 2010), alleging disability beginning on December 1, 2005, due to, among other things, major depressive disorder, attention-deficit hyperactivity disorder, congenital heart disease, hypertension, seizure disorder, GERD, high cholesterol, reactive airway disease, and migraines. R. at 135-50, 159, 170. The Commissioner denied Plaintiff's applications initially and again on reconsideration, so Plaintiff requested a hearing before an Administrative Law Judge ("ALJ"). R. at 64-83, 98-100. On June 12, 2013, ALJ Larry Banks held a hearing in Washington, D.C., at which Plaintiff and a vocational expert ("VE") testified. R. at 40-63. On July 23, 2013, the ALJ issued a decision finding Plaintiff not disabled from the alleged onset date of disability of December 1, 2005, through the date of the decision. R. at 17-38. Plaintiff sought review of this decision by the Appeals Council, which denied Plaintiff's request for review on September 26, 2014. R. at 1-6, 13-16. The ALJ's decision thus became the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481; see also Sims v. Apfel, 530 U.S. 103, 106-07, 120 S. Ct. 2080, 2083 (2000).
On October 31, 2014, Plaintiff filed a complaint in this Court seeking review of the Commissioner's decision. Upon the parties' consent, this case was transferred to a United States Magistrate Judge for final disposition and entry of judgment. The case subsequently was reassigned to the undersigned. The parties have briefed the issues, and the matter is now fully submitted.
The Court reviews here and in Part VI below Plaintiff's relevant medical and vocational evidence. After being convicted of a federal felony, but before his date to report to the Bureau of Prisons, Plaintiff attempted suicide on April 2, 2006. R. at 381-469. After his discharge from the hospital over two weeks later, he served his sentence, which ended on August 20, 2010. R. at 46, 168. After his release, Theodore Osuala, M.D., a psychiatrist, began treating Plaintiff on September 21, 2010. R. at 710-11; see R. at 713. Dr. Osuala noted that Plaintiff felt R. at 710. Dr. Osuala noted that Plaintiff had seizures in prison. R. at 710. On mental status examination, Dr. Osuala noted that Plaintiff demonstrated good grooming and hygiene but that his mood was depressed and his affect was flat. R. at 711. Plaintiff's thought content had no homicidal or suicidal ideation. R. at 711. He experienced no auditory or visual hallucinations and no paranoid ideations. R. at 711. Plaintiff's cognition was fair, and his insight and judgment were good. R. at 711. Dr. Osuala's assessment thus was that Plaintiff demonstrated depressed mood, fair eye contact, slow speech with low volume, and flat affect, but he was not suicidal or homicidal. R. at 711. Dr. Osuala's diagnoses included major depressive disorder, cardiac valve disorder, and a GAF rating of 50.2
On October 5, 2010, Dr. Osuala completed a "Medical Report Form 402B" (R. at 712-16), in which he stated that Plaintiff's symptoms included feeling sad every day, difficulty getting out of bed, poor appetite, poor energy and concentration, crying spells, and feeling helpless and worthless. R. at 713. Dr. Osuala assigned a GAF score of 50 and stated that Plaintiff had marked restriction in activities of daily living; marked difficulties in maintaining social functioning; frequent difficulties in maintaining concentration, persistence, or pace; and repeated (three or more) episodes of decompensation, each of extended duration. R. at 715. Finally, Dr. Osuala stated that Plaintiff was prevented from working from October 5, 2010, to October 5, 2012, and that he remained "grossly depressed" despite several medications he was taking. R. at 715-16.
On December 8, 2010, a state agency medical consultant, L. Robbins, M.D., assessed Plaintiff's physical residual functional capacity ("RFC"). R. at 739-46. Dr. Robbins opined that Plaintiff could (1) lift and/or carry twenty pounds occasionally and ten pounds frequently; (2) stand and/or walk for a total of about six hours in an eight-hour workday; (3) sit for about six hours in an eight-hour workday; and (4) perform unlimited pushing and/or pulling. R. at 740. Plaintiff frequently could stoop, kneel, crouch, and crawl. R. at 741. He occasionally could balance and climb ramps and stairs (but never ladders, ropes, or scaffolds). R. at 741. Although Plaintiff had no manipulative, visual, or communicative limitations, he was to avoid all exposure to hazards such as machinery and heights. R. at 742-43.
On December 20, 2010, another state agency consultant, Frances Breslin, Ph.D., using the psychiatric review technique ("PRT") under 20 C.F.R. §§ 404.1520a and 416.920a, evaluated Plaintiff's mental impairments under Listing 12.04 relating to affective disorders (R. at 751-64).See 20 C.F.R. pt. 404, subpt. P, app. 1, § 12.04. Dr. Breslin opined on a psychiatric review technique form ("PRTF") that, under paragraph B of Listing 12.04, Plaintiff's mental impairments caused him to experience (1) moderate restriction in activities of daily living; (2) moderate difficulties in maintaining social functioning; (3) moderate difficulties in maintaining concentration, persistence, or pace; and (4) one or two episodes of decompensation of extended duration. R. at 761. Dr. Breslin did not find evidence to establish the presence of the criteria under paragraph C of Listing 12.04. R. at 762.
R. at 763. "[M]arked restrictions area not supported by [medical evidence of record] or [activities of daily living]." R. at 763.
Dr. Breslin thus assessed Plaintiff's mental RFC and opined that he was moderately limited in his ability to (1) maintain attention and concentration for extended periods; (2) perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances; (3) complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods; (4) interact appropriately with the general public; (5) accept instructions and to respond appropriately to criticism from supervisors; and to (6) get along with co-workers or peers without distracting them or exhibiting behavioral extremes. R. at 747-48.Plaintiff otherwise was not significantly limited. R. at 747-48. Dr. Breslin thus assessed Plaintiff's functional capacity:
On July 19, 2011, Dr. Osuala completed a "Routine Abstract Form-Mental" for the state disability agency (R. at 707-09) in which he remarked that Plaintiff's mental status examination was noteworthy for suicidal ideation, severely deficient social functioning (because Plaintiff was isolated all the time), and moderately deficient concentration (because Plaintiff struggled with serial sevens). R. at 708. Dr. Osuala assigned a GAF of 40.3 R. at 707.
On July 19, 2011, Robert Cohen, Ph.D., LCPC, Plaintiff's therapist, also completed a "Routine Abstract Form-Mental" for the state disability agency (R....
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