Dilworth v. Colvin

158 F. Supp. 3d 238, 2016 U.S. Dist. LEXIS 11337, 2016 WL 398164
CourtDistrict Court, D. Delaware
DecidedFebruary 1, 2016
DocketCiv. No. 14-1423-SLR
StatusPublished
Cited by1 cases

This text of 158 F. Supp. 3d 238 (Dilworth v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dilworth v. Colvin, 158 F. Supp. 3d 238, 2016 U.S. Dist. LEXIS 11337, 2016 WL 398164 (D. Del. 2016).

Opinion

MEMORANDUM OPINION

ROBINSON, District Judge

I. INTRODUCTION

Plaintiff Frank Dilworth (“plaintiff’), on behalf of his late-wife Roslyn A. Dilworth (“claimant”), appeals from a decision of defendant Carolyn W. Colvin, Acting Commissioner of Social Security (“Commissioner”), denying claimant’s application for disability insurance benefits (“DIB”) under Title II of the Social Security Act, 42 U.S.C. §§ 401-434. The court has jurisdiction over the matter pursuant to 42 U.S.C. § 405(g)

Presently before the court are the parties’ cross-motions for summary judgment. (D.I. 8, 10) Plaintiff asks the court to reverse the Commissioner’s decision and order benefits or remand for further proceedings. (D.I. 9 at 13) The Commissioner opposes this motion and requests that the court affirm her decision. (D.I. 11 at 15) For the reasons set forth below, plaintiffs motion for summary judgment will be granted and the Commissioner’s motion for summary judgment will be denied.

II. BACKGROUND

A. Procedural History

Claimant filed a claim for DIB on July 19, 2012, alleging disability beginning May 1, 2007. (Tr. 15) The claim was denied at the initial level review on August 31, 2012.1 (Tr. 15) After a hearing before an administrative law judge (“ALJ”) was requested, claimant passed away from developments related to cancer. (Tr. 29) Her widower, plaintiff, filed a substitution of party upon death of claimant. (Tr. 115) The hearing before the ALJ was held on November 1, [240]*2402013, where plaintiff and a voeationál expert (“VE”) testified. (Tr. 24-54)

On January 18, 2014, the ALJ issued an unfavorable decision, finding claimant was not disabled on or before March 31, 2010. (Tr. 12-21) The Appeals Council denied review. (Tr. 1-5) Having exhausted his administrative remedies, plaintiff filed a civil action .on November 21, 2014, seeking review of the final decision. (D.1.1)

B. Medical History

Claimant was bom on February 27, 1962. (Tr. 123) She was 48 years old on March 31, 2010, her date last insured. (Tr. 56) She alleged disability due to epilepsy, Guillian-Barre Syndrome, and high blood pressure. (Tr. 188) Because this appeal is based primarily on the evidence regarding epilepsy, only those facts from claimant’s medical history will be recounted.

Claimant'had seizures beginning at age two or three after a bout of scarlet fever. (Tr. 380) Given the increased frequency of the seizures, she underwent a right temporal lobectomy in 1996. (Id,) For about a year'after the surgery, she was seizure free. (Id.) But then her seizures returned as nocturnal events. Treatment records from Dr. Craig Wynne indicate that as of August 5, 2008, claimant was having one or two generalized tonic-clonic seizures a month. ‘(Tr. 940) Treatment records from Thomas Jefferson University Neurology indicated that as of January 6, 2009, she was having one to two seizures per month. (Tr. 396) On April 21, 2009, claimant reported' having between 2 and 3.5 seizures per month. (Tr. 951) In January 2008 and June'2009, she had abnormal EEGs. (Tr. 394, 388)

; Claimant’s treating neurologist, Sarah Schmitt, M.D., noted on June 16, 2010 that the seizures had been happening about twice a month. (Tr. 402) The treatment notes stated that the seizures lasted thirty seconds to one and one-half minutes. (Id.) The symptoms included eyes opening, left eye twitching, kicking, jerking movements, tongue biting, but no incontinence. She may have a headache in the morning after waking up. The use of the medication Trileptal reduced her postictal symptoms, but did not significantly change her seizure frequency. (Tr. 403)' Claimant was informed of: (1) the risks associated with nocturnal seizures, including sudden unexplained death in epilepsy; (2) alternative antiepileptic medications; and (3) the possibility of surgery to reduce her nocturnal seizures. (Tr. 407)

As of March 13, 2011, claimant was unable to find work. She worked briefly in 2010 but had to leave because she was making too many mental errors. (Tr. 345) She was told she was too slow. (Tr. 905)

On August 8, 2011, claimant underwent a neuropsychological evaluation on .referral by Dr. Schmitt for her seizures and cognitive complaints. (Tr. 905-910) The evaluation was performed by Kathy Lawler, D.Phil, ABPP, a board-certified neuropsy-chologist in the Department of Neurology at the Hospital of the University of Pennsylvania. {Id.) During the neuropsychological tests, claimant was “very cooperative” and “persisted through all tasks and put forth adequate motivation.” (Tr. 907) Furthermore, she passed a formal embedded validity measure with 100% accuracy (CVLT-II, Forced Choice). (Id.) Therefore, the results of the evaluation were considered “a valid estimate of her current functioning.” (Id.)

Dr. Lawler concluded that claimant demonstrated executive dysfunction as the primary inefficiency across cognitive domains. This was consistent with her nocturnal and likely frontal lobe seizures, (Tr. 911) Given the results of the evaluation, Dr. Lawler “strongly recommended that [241]*241[claimant] apply for disability, as her cognitive weaknesses would preclude her from gainful employment.” (Id.)' Dr. Lawler further recommended cognitive rehabilitation therapy and psychotherapy, as well as continued participation at church and other supportive activities. (Tr. 911-912)

C. Medical Opinions

. Dr. Schmitt completed a Medical Source Statement on March 29, 2013 in which she addressed claimant’s functional abilities and limitations. (Tr. 474-78) The form instructed Dr. Schmitt to answer all questions regarding claimant’s conditions and limitations as of March 31, 2010. (Tr. 474)

Dr. Schmitt reported' that claimant suffered from localization related epilepsy which was intractable, as well as cognitive deficits of executive dysfunction, with nocturnal generalized seizures occurring two to three times per month, and lasting thirty to ninety seconds. (Tr. 474-78) Dr. Schmitt also reported postictal manifestations including irritability, -severe headache, agitation, and' nasal congestion, with such problems lasting for 24 hours after a seizure and interfering with daily activities. (Tr. 475-76)‘Her symptoms included memory problems and cognitive deficits. (Tr. 477) Dr. Schmitt further opined that claimant was • compliant with her medications but still had seizures. (Tr. 476) Finally, Dr. Schmitt opined that claimant was capable of low stress jobs, but would be absent from work about three times a month due to her impairments. (Tr. 478)

D. The Administrative Hearing

1. Plaintiff’s testimony

Plaintiff testified that he met and married claimant in 1999. (Tr. 33) She had worked for a number of years and left her last full time job in 2007 after the company lost its contract. (Tr. 33-34) Plaintiff indicated that claimant was - depressed from 2008 through 2010 and wanted to apply for disability due to her seizures. (Tr. 34) According to plaintiff, claimant had seizures in her sleep. (Tr. 35) When she tried working again in 2010, she could not grasp menial tasks. (Tr.

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158 F. Supp. 3d 238, 2016 U.S. Dist. LEXIS 11337, 2016 WL 398164, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dilworth-v-colvin-ded-2016.