David Richard Sizemore v. Nancy A. Berryhill

703 F. App'x 179
CourtCourt of Appeals for the Fourth Circuit
DecidedOctober 17, 2017
Docket16-1301
StatusUnpublished

This text of 703 F. App'x 179 (David Richard Sizemore v. Nancy A. Berryhill) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fourth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
David Richard Sizemore v. Nancy A. Berryhill, 703 F. App'x 179 (4th Cir. 2017).

Opinion

Unpublished opinions are not binding precedent in this circuit.

NIEMEYER, Circuit Judge:

David Sizemore applied for disability benefits from the Social Security Administration in July 2011, claiming that he was disabled due to diabetes and bipolar disorder. After his application was denied by an administrative law judge (“ALJ”), who found that Sizemore was not disabled, and review was denied by the Appeals Council, he commenced this action in the district court. The district court affirmed the ALJ, and Sizemore filed this appeal, contending that the ALJ’s analysis was flawed. He argues: (1) that when assessing his residual functioning capacity, the ALJ failed to assess properly Sizemore’s mental abilities — particularly his deficiencies in concentration, persistence, and pace — and improperly ignored certain limitations recognized by the State agency psychologist, despite purporting to give that psychologist’s report “significant weight”; (2) that the ALJ erred by failing to treat as opinion evidence the “Global Assessments of Functioning” scores given by doctors and other professionals and by “cherry-picking” higher scores, thereby presenting a distorted view of Sizemore’s level of functioning; and (3) that “the ALJ misinterpreted evidence, mischaracterized testimony, and ‘cherry-picked’ facts,” particularly in assessing Sizemore’s credibility.

After reviewing the record and considering the arguments of counsel on appeal, we affirm. In addition to rejecting Sizemore’s arguments claiming deficiencies in the ALJ’s opinion, we note that, even though the ALJ found no need to make such a finding, the record indicates, with strong evidence, that Sizemore would have much increased functioning were he to stop abusing alcohol and follow the treatment prescribed for his diabetes.

I

David Sizemore was born in 1977 and attended a couple of years of high school before leaving school. He obtained his commercial driver’s license and worked for about 10 years as a truck driver. He stopped working, however, on December 27, 2010, when he was 33 years old because, as he later claimed, he was suffering from worsening diabetes, depression, and anxiety.

Sizemore’s medical records from the period when he was still working showed that he was admitted to the hospital for two days in early March 2008 for his third episode of acute pancreatitis. He admitted to binge drinking on the weekends, and a physician diagnosed him with “alcohol induced pancreatitis” and hyperglycemia, noting that “[h]e may be developing diabetes from his pancreatitis.” During a psychiatric consultation, Sizemore reported a history of anxiety attacks, depression, and insomnia but denied any current problems with depression or anxiety. Sizemore was readmitted to the hospital later the same month and was diagnosed with new onset diabetes. After his discharge, he received treatment for hyperglycemia and diabetes from Steven Chapman, a family nurse practitioner (“NP”) and Sizemore’s primary care provider.

On December 27, 2010 — -the date Size-more stopped working and the date he claims to have become disabled — NP Chapman treated Sizemore for lower back pain and a urinary tract infection. Chapman’s notes from that visit indicate that Sizemore had been prescribed with insulin and other medications for his diabetes.

A few weeks later, on January 17, 2011, Sizemore was involuntarily hospitalized for alcohol dependence, reporting that he had been drinking a “half gallon [of] Vodka per day since Christmas” and had been hearing murmuring voices inside his head when he tried to sleep. After Sizemore’s discharge a week later, he visited NP Chapman, who noted that Sizemore’s “[elevated blood sugar [was] difficult to control due to likely continued drinking, although he states little to none.” Chapman recommended an eye exam based on Sizemore’s report of blurred vision, but Sizemore indicated that he could not afford the exam.

In February 2011, Sizemore underwent a mental health assessment during which he reported feeling paranoid, depressed, and anxious “about everything and everybody.” He also reported difficulty sleeping and experiencing panic attacks up to two times per week that lasted 15-20 minutes. A licensed professional counselor diagnosed him with alcohol dependence (primary); major depressive disorder (recurrent, moderate); and panic disorder without agoraphobia, indicating that Sizemore’s current Global Assessment of Functioning (“GAF”) score was 45. When he was evaluated by a psychiatrist later that month, she indicated that Sizemore’s GAF score was 55 and similarly diagnosed alcohol dependence in brief remission, panic disorder, attention-deficit hyperactivity disorder, possible bipolar disorder, and nicotine dependence. That doctor recommended that' Sizemore begin a mood stabilizer and continue taking Celexa and Haldol, which appeared to be helping his depression and auditory hallucinations.

In May 2011, NP Chapman treated Size-more for bronchitis, and during those visits Sizemore reported experiencing some numbness in his hands and fingers, as well as blurred vision.

In August 2011, soon after Sizemore applied for disability benefits based on his diabetes and bipolar conditions, the Social Security Administration contacted NP Chapman to see if he would be willing to conduct a special examination of Sizemore as relevant to his application for benefits. Chapman declined, however, indicating that it would be better to have a physician perform the examination and that the only issues he had dealt with were Sizemore’s “blurred vision, uncontrolled diabetes, and continued alcohol abuse.” Chapman added, “[Sizemore] is an active man, and personally, I believe him able to perform meaningful work,” noting that his “[e]ompliance and lifestyle are issues.”

Sizemore visited the hospital in late September 2011 for vomiting and dizziness related to dehydration and hyperglycemia and again in October 2011 for vomiting caused by diabetic ketoacidosis. NP Chapman examined Sizemore later that month and noted that his diabetes was “uncontrolled.” Chapman again recommended that Sizemore visit an ophthalmologist regarding his blurred vision, noting that there was now “no reason” for Sizemore not to go since he was reporting that he had recently obtained Medicaid.

During October 2011, Sizemore’s application for benefits was denied on the ground that there was insufficient evidence to evaluate his claim, as a State agency psychologist noted that Sizemore had missed his scheduled appointment for a consultative examination. Sizemore requested reconsideration and, on November 28, 2011, he met with Dr. Rasheda Ahsa-nuddin, who performed a psychiatric evaluation in connection with Sizemore’s application for benefits. During this evaluation, Sizemore reported having episodes of depression that lasted for a few weeks at a time, during which he lost interest in all activities and had difficulty concentrating, as well as episodes of high energy in which he became hyperactive and irritable. He also reported chronic sustained anxiety, frequent panic attacks with agoraphobia, insomnia, and paranoid thoughts. Sizemore denied any use of illicit drugs but admitted having a problem with alcohol. He reported that his mother, with whom he lived, took care of all the household chores, although he acknowledged doing the dishes once in a while and occasionally mowing the lawn.

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Bluebook (online)
703 F. App'x 179, Counsel Stack Legal Research, https://law.counselstack.com/opinion/david-richard-sizemore-v-nancy-a-berryhill-ca4-2017.