Brown v. Astrue

611 F.3d 941, 2010 U.S. App. LEXIS 15241, 2010 WL 2890377
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 26, 2010
Docket08-3353
StatusPublished
Cited by88 cases

This text of 611 F.3d 941 (Brown v. Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Brown v. Astrue, 611 F.3d 941, 2010 U.S. App. LEXIS 15241, 2010 WL 2890377 (8th Cir. 2010).

Opinion

SMITH, Circuit Judge.

Bobbie Brown appeals the district court’s 2 affirmance of the administrative law judge’s (ALJ) denial of Brown’s application for disability insurance benefits (DIB) under Title II of the Social Security Act. Brown contends that the ALJ’s determination that she is not disabled is not supported by substantial evidence on the record as a whole and is inconsistent with the medical evidence and the opinion of Brown’s treating physician. We affirm.

I. Background

A. General Background

Brown claimed disability based on, inter alia, “anxiety problems.” 3 At the time *944 that the ALJ denied her application for benefits, Brown was 50 years old with two years of college education. She had past relevant work experience as a cashier, assembly line worker, and customer service representative. Brown quit her job as an assembly line worker in 2004 because of her nervousness and anxiety. She last worked in 2004 or 2005 for two to three months, two to three days a week, as a substitute teacher. According to Brown, she has experienced problems with her nerves for years, but the problem has worsened as she has aged. Her medications at the time of the hearing included Seroquel, Alprazolam, iron for anemia, and Aleve for headaches. Her daily life activities include getting her daughter off to school in the mornings, cleaning the house, cooking, going to the gym twice a week, visiting her mother, driving, and regularly attending church and Bible study.

According to Louis Brown (“Louis”), Brown’s husband, Brown is unable to work eight hours a day, five days a week. He stated that her nerves caused her trouble at work. On one occasion, when Louis returned home from work, Brown did not recognize him and was walking through the house talking to herself.

Latasha Anthony, Brown’s daughter, reported that “[ejven when treatment is effective, persistent consequences of the illness[,] lost opportunities, stigma, residual symptoms and medication side [e]ffect[s] may be very troubling.” According to Anthony, Brown often appears confused and “sometimes cannot concentrate on one thought for very long and may be easily distracted or unable to focus her attention.” Anthony stated that, at times, Brown withdraws socially, avoiding contact with others and not speaking.

B. Medical Evidence

Dr. George Conner, Brown’s primary care physician, has treated Brown since the end of 2001. On March 22, 2002, Brown saw Dr. Conner with complaints of an inability to control her emotions, moodiness, and an inability to sleep. Dr. Conner diagnosed depression with anxiety and prescribed Effexor. Then, in January 2003, Dr. Conner prescribed Ativan to Brown after she complained of difficulty sleeping and nerves in response to the recent death of her sister. During a follow-up examination on February 12, 2003, Dr. Conner treated Brown for, inter alia, anxiety and dysphoria. During the visit, Brown stated that “Ativan helps” and “prayer helps” but that she did not “feel able to face [her] responsibilities [at] work.”

On March 4, 2003, Dr. Conner opined that Brown had, inter alia, “resolving anxiety/depression” and was “doing better [with her] mood,” “[b]etter able to concentrate,” and “less anxious.” On August 27, 2003, Dr. Conner treated Brown for, inter alia, anxiety and prescribed Ativan.

During Brown’s visits to Dr. Conner for various ailments in March and June 2004, Dr. Conner noted Brown as having normal mood, memory, judgment, and insight. But on August 2, 2004, Brown complained to Dr. Conner of stress, and Dr. Conner prescribed Lexapro and recommended that she remain off work for two weeks. During a follow-up appointment on August 20, 2004, Brown reported that she was “feeling better but still [was] not always sleeping at night [because] sometimes [her] mind seem[e]d to keep running when she [was] tired.” Dr. Conner diagnosed stress, instructed Brown to continue Lexapro, and continued her work release until September 7, 2004. On September 3, 2004, Brown again saw Dr. Conner, reporting that she was “feeling less depressed [and] still forgetful but [was] improving with less stress and resting better.” Brown indicated that she thought she *945 “may not go back to work but [was] undecided.” Dr. Conner’s assessment was that Brown had stress and depression; he advised Brown to continue taking Lexapro.

On February 15, 2005, Brown applied for DIB. She alleged disability since July 28, 2004, primarily due to anxiety. During an appointment with Dr. Conner on February 23, 2005, Brown complained of problems sleeping and forgetting things, and Dr. Conner prescribed Paxil for anxiety and recommended counseling. Thereafter, on April 26, 2005, Brown underwent a mental status evaluation by Charles Spell-man, Ph.D. Brown reported going to a mental health center for anxiety and depression when she was in her 20’s but stated that she had not been back for mental health services since that time. Brown told Dr. Spellman that she was depressed and anxious and that her mind wandered, causing her to lose her attention. In his report, Dr. Spellman noted that Brown “was coherent and relevant throughout the evaluation” and that she “was a pleasant woman who talked too much.” He said that she “talks constantly, punctuating her sentences with smiles and casting about of her big eyes. She talked about being abused, her depression, her anxiety, and other bad things all the while casting smiles. It was as if she was talking about bad things but enjoying talking about them.” He reported that she was animated and never cried or appeared to be in distress; in fact, he said that she was quite relaxed.

As to Brown’s stream of mental activity, Dr. Spellman opined that she was spontaneous and that her thought processes “were logical and well organized. Her speech was not pressured so much as it was that she seemed to just like to talk a lot.” He surmised that Brown controls social situations by being facile with words. As to her thought control, he said that Brown’s “contact with reality appeared good” and that “[t]here was no evidence of hallucinations, delusions, obsessions and unusual powers.” When Dr. Spellman asked Brown what she was depressed about, Brown replied that she did not know/ As to her anxiety, she said, “I will tell you the truth, I don’t know what that means. I just feel funny. My head tingles like your skin does when it is numb. Sometimes I just burst out in sweats.” Dr. Spellman opined that Brown “has heard the word ‘depression’ paired up with anxiety so she always included them together. Although, she did not know the definition of anxiety. She didn’t describe symptoms, which were necessarily anxiety generated.” Brown reported “flashbacks” of emotional, mental, and physical abuse during her first marriage, and Dr. Spell-man indicated that this abuse explained her depression.

Dr. Spellman opined that Brown was in contact with reality and had appropriate orientation with respect to “time, person, place.” He estimated her IQ to be 71 to 79.

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611 F.3d 941, 2010 U.S. App. LEXIS 15241, 2010 WL 2890377, Counsel Stack Legal Research, https://law.counselstack.com/opinion/brown-v-astrue-ca8-2010.