Dragon v. Commissioner of Social Security

470 F. App'x 454
CourtCourt of Appeals for the Sixth Circuit
DecidedMarch 26, 2012
Docket09-4489
StatusUnpublished
Cited by19 cases

This text of 470 F. App'x 454 (Dragon v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Dragon v. Commissioner of Social Security, 470 F. App'x 454 (6th Cir. 2012).

Opinions

JULIA SMITH GIBBONS, Circuit Judge.

Plaintiff-appellant Rose Dragon appeals the district court’s decision affirming the decision of Michael J. Astrue, Commissioner of Social Security, denying her supplemental security income under Title XVT of the Social Security Act. For the following reasons, we reverse the decision of the [456]*456district court and remand to the administrative law judge for an immediate award of benefits.

I.

Rose Dragon (“Dragon”) was born on February 29, 1980. She is married and lives with her husband and daughter. She and her husband share the household tasks like grocery shopping, caring for her daughter, laundry, and dishes. She has a high school education (completed through special education classes) and has attempted to work a number of jobs, including dishwasher, bagger at a grocery store, and fast-food worker. Her employment was always short-lived because, as she testified, she “got frustrated,” she “wasn’t fast enough,” or “if people made fun of [her], [she] would get discouraged.” In June 2004, Dragon applied for supplemental security income (“SSI”) under Title XVI of the Social Security Act alleging disability due to speech problems, learning difficulties, and asthma onset as of April 1, 2004. Upon denial of her claims she requested a hearing before an administrative law judge (“ALJ”).

The ALJ reviewed records from Dragon’s schools from 1994 to 1998. These records note that, in 1992 at the age of 12, Dragon took the Wechsler Intelligence Scale for Children-Third Edition (“WISC-III”), and received a verbal scale I.Q. score of 65, a performance scale I.Q. score of 72, and a full scale I.Q. score of 66. The same records indicate that Dragon had a “mild articulation delay” and that “Rosanna qualifie[d] for a program for developmentally handicapped and for speech therapy.” The school placed Dragon on an individual education plan for the '93 — '94 and '94-'95 school years. Dragon never passed any of the ninth grade proficiency tests and was exempted because she “[did] not have the necessary skills to pass.” Dragon was considered a 1998 graduate after she completed her requirements during the summer. A 1998 assessment stated that Dragon was fairly successful in her classes, that she took a regular curriculum with study skills for support, and that she received work-study credits. Post-graduation, the record,indicated that the “team [felt] that Rose [was] developing skills needed to live independently with some assistance.”

On July 23, 2004, clinical psychologist Dr. Paul Deardorff performed a consultative psychological evaluation of Dragon. Dr. Deardorff administered the Wechsler Adult Intelligence Scale-Third Edition (“WAIS-III”). Dragon received a verbal I.Q. score of 58, a performance scale I.Q. score of 51, and a full scale I.Q. score of 50, indicating that her current functioning was in the “moderately retarded range of intelligence or at least well less than the percentile for [her] age group.” In his report, Dr. Deardorff stated, “[Dragon’s] tested I.Q. is lower than would be expected on the basis of clinical presentation. Emotional and motivational factors may have interfered with performance on this measure as [she] appears to be of borderline intelligence.” In his multiaxial classification of Dragon, on Axis I he listed her clinical disorders as anxiety disorder and reading disorder; on Axis II rather than listing a level of mental retardation Dr. Deardorff classified Dragon as of “borderline intellectual functioning”; Dr. Deardorff listed no general medical conditions under Axis III; on Axis IV Dr. Deardorff listed Dragon’s psychosocial and environmental problems as occupational problems, problems interacting with social environment, problems with primary support group, and educational problems; and on Axis V he assessed a Global Assessment of Functioning (“GAF”) score of 55. In reaching Dragon’s GAF score, Dr. Deardorff noted Dragon’s anxiety and irrita[457]*457tion. He observed that she “has few friends but sees them on a daily basis ... [,] cares for her daughter and assists with household chores ... [,] plays video games, listens to the radio[,] and likes to shop.” A GAF score of 55 indicates moderate symtomatology and difficulties in social, occupational, or school functioning.

Regarding Dragon’s work-related mental abilities, Dr. Deardorff observed:

1. The claimant’s mental ability to relate to others, including fellow workers and supervisors is moderately to seriously impaired by her emotional difficulties. She was somewhat uncomfortable dealing with this examiner and she stated that she believes others ridicule her. She very likely would have difficulty relating adequately to others in completing simple repetitive tasks.
2. The claimant’s mental ability to understand, remember, and follow instructions is moderately impaired by her emotional difficulties. She would have no difficulty understand [sic] simple instructions but her short term memory skills are weak and she may have difficulty retaining them. Further, her pace may be slowed by her depressive symptomatology.
3. The claimant’s mental ability to maintain attention, concentration, persistence, and pace is moderately impaired by her emotional difficulties. Her attention and concentration skills were not strong during this evaluation and may deteriorate over extended time periods, slowing her performance in completing simple repetitive tasks.
4. The claimant’s mental ability to withstand the stress and pressure associated with day-to-day work activities is moderately impaired by her emotional difficulties. Such stress may result in increased anxiety and decreased attention and concentration skills, and might also result in increased suspiciousness and misinterpretation of the behavior and statements of those around her.
5. Should she be granted disability compensation, she would have difficulty in managing funds prudently as her arithmetic skills are limited.

On August 4, 2004, Dr. Douglas Pawlarczyk, a state agency psychologist, filled out a psychiatric review technique form (“PRTF”) reviewing Dragon’s record, which included her school records, Dragon’s contact with the Agency, and Dr. Deardorffs examination. The PRTF largely consists of checked boxes indicating that Dr. Pawlarczyk found that medically determinable impairments were present but did not precisely satisfy the diagnostic criteria for mental retardation and anxiety-related disorders. He further checked that she had mild restriction of activities of daily living; moderate difficulties in maintaining social function and maintaining concentration, persistence, or pace; and no evidence of related episodes of decompensation of extended duration. The last page of the PRTF contained a functional capacity assessment, the only portion of the PRTF actually written by Dr. Pawlarczyk. This largely reiterated Dr. Deardorffs findings of Dragon’s functional capacity. Dr. Pawlarczyk did note, in particular, that “[Dr. Deardorff] felt that [Dragon’s I.Q. scores] may be an underestimate as [Dragon] clinically presented as more in the [borderline intellectual functioning] range. Those school age score [sic] are more likely an [sic] true estimate of her intellectual ability.” Alice, Psy.D., a state agency psychologist, stamped her approval on the PRTF on September 23, 2004.

[458]*458Dragon, her father, and a vocational expert (“VE”) testified at a hearing on April 17, 2006, before the ALJ.

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