Farringer v. Colvin

969 F. Supp. 2d 1144, 2013 WL 5200790, 2013 U.S. Dist. LEXIS 132688
CourtDistrict Court, D. Nebraska
DecidedSeptember 17, 2013
DocketNo. 4:12-CV-3103
StatusPublished

This text of 969 F. Supp. 2d 1144 (Farringer v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Farringer v. Colvin, 969 F. Supp. 2d 1144, 2013 WL 5200790, 2013 U.S. Dist. LEXIS 132688 (D. Neb. 2013).

Opinion

MEMORANDUM AND ORDER

JOHN M. GERRARD, District Judge.

This matter is before the Court on the denial, initially and upon reconsideration, of plaintiff Ashley Farringer’s disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. § 401 et seq. The Court has considered the parties’ filings and the administrative record, and reverses the Commissioner’s decision to deny benefits. The Court will remand this case to the Commissioner for calculation and award of benefits.

PROCEDURAL HISTORY

Farringer applied for disability insurance benefits in January 2011, alleging disability beginning on August 25, 2010. T134-35. Farringer’s claims were denied initially and on reconsideration. T71-74, 79-82. Following a hearing, the administrative law judge (ALJ) found that Far-ringer was not disabled as defined under 42 U.S.C. §§ 416® or 423(d), and therefore not entitled to disability benefits. [1146]*1146The ALJ determined that although Far-ringer suffered from several severe impairments, and could no longer perform her past relevant work, she had the residual functional capacity to perform other jobs that exist in significant numbers in the national economy. T6-21. The Appeals Council denied Farringer’s request for review of the decision. Tl-4. Farringer’s complaint seeks review of the ALJ’s decision as the final decision of the Commissioner under sentence four of 42 U.S.C. § 405(g). Filing 1.

FACTUAL BACKGROUND

Farringer suffers from a number of diagnosed physical and mental conditions. The record contains extensive evidence of Farringer’s medical treatment and evaluation; that record has been fully reviewed, but only the particularly relevant portions will be summarized below.

Medical History

Farringer has, at various times, been in the Naval Reserve and served on active duty in Kuwait and Iraq. T316. She was involved in conflicts with other soldiers and her superiors, the details of which are unnecessary to the Court’s disposition of this case. See T316-18.

Farringer was seen for a psychiatric consultation at the Lincoln, Nebraska Department of Veterans Affairs (VA) hospital on November 12, 2009. T316. Her psychiatrist, Ahsan Naseem, M.D., diagnosed her with an anxiety disorder. T316. On May 18, 2010, Naseem changed that diagnosis to posttraumatic stress disorder (PTSD). T316. At a mental health consultation in July 2010 with VA staff psychiatrist Dr. Mary Jo Hanigan, Farringer reported moderate to severe symptoms of PTSD. T317. She expressed feelings of depression and anxiety, and reported social isolation and distrust. T317. She said she had service-related nightmares two to three times per week. T317. Farringer also said she had been following up with Naseem, although notes from that treatment are not in the record before the Court.1 T318.

Farringer told Hanigan she frequently had to call in sick to her job as a customer service representative, or had to work “ ‘in the back of the store’ ” because of anxiety or paranoia. T318. Hanigan noted that while Farringer had “been able to attain and maintain gainful employment at this point ... as her symptoms persist she is in jeopardy of compromising her occupational function because of the irritability, the paranoia and the pronounced anxiety.” T319. Hanigan’s preliminary diagnosis was also PTSD. T319.

In a letter to the Nebraska Veteran Service Office dated September 13, 2010, Naseem opined that it was “unlikely that [Farringer] could sustain fulltime employment at this time” and that it was at least as “likely as not that she will continue to remain permanently and totally disabled.” T604. Naseem explained that Farringer exhibited

severe continuing PTSD symptoms that impose on her daily life activities. She suffers occupational and social impairment with deficiencies in most areas such as work, judgment, thinking and mood. She experiences near-continuous panic and depression that affects her ability to function independently, appropriately, and effectively. She has difficulty adapting to stressful situations which, on occasion, creates episodes of [1147]*1147unprovoked irritability and periods of violence. Her isolative and withdrawn behavior has affected her ability to establish and maintain effective relationships, which created a severe hardship in conducting her professional responsibilities.

T604. Naseem concluded that Farringer’s symptoms were “chronic and her condition is not expected to change due to her psychological state.” T604.

Farringer saw Naseem again at a scheduled appointment on January 5, 2011. T380. Naseem noted increased stress due to gastrointestinal illness. T380. Farringer saw Amber L. Kutayli, Ph.D., at the VA hospital on January 7 for individual psychotherapy, and reported increased depression and anxiety, exacerbated by her physical illness. T379. On January 11, Na-seem saw Farringer again, assessed her condition as chronic PTSD, and prescribed medications and continued individual therapy with Kutayli. T373-74. The next day, a VA staff physician diagnosed Far-ringer with gastroesophageal reflux disease, and a chronic cough that was probably secondary to the reflux disease. T376. Farringer continued to see Kutayli, whose treatment notes generally reflect ongoing stress, anxiety, and depression, although some weeks were better than others. T371, T369, T339, T326, T562, T559-60.

In March 2011, Farringer was also diagnosed with fibromyalgia. T321-22. She also completed two questionnaires at the request of the state disability examiner, answering a series of detailed questions about her daily activities. T150-51. Far-ringer reported that she started a typical day with a “few hours getting ready”; she explained that her medications made her groggy so it took her some time to get moving. T153. Her household chores included taking care of pets and other tasks split with her roommate, such as 30 minutes doing dishes, 20 minutes of sweeping, and laundry only if her roommate couldn’t do it, because the washer and dryer were upstairs. T153. She said she had a hard time coming down stairs. T154. She said that she sometimes went a few days without a shower or a “real meal” if she was depressed or her stomach was bothering her. T153. For food, she could make simple things like canned goods, a sandwich, or cereal. T153.

Farringer said she could drive a car, but for no more than 90 minutes because of anxiety and body aches. T153. Her errands were limited to a couple of doctor’s appointments a week, a weekly trip to the grocery store, and miscellaneous unplanned errands. T154. Her hobbies were several hours of painting, coloring, and writing and research a week, and a couple of hours of television per day. T154. She also volunteered at a local cat shelter on Saturday mornings and sometimes visited friends and family, although that was limited by anxiety. T154. She said she had to give up working because she suffered panic attacks working with the public and because it required her to stand up to 10 hours a day. T156.

Farringer reported sleeping about 9 hours a night, but not straight through because of nightmares. T154.

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Bluebook (online)
969 F. Supp. 2d 1144, 2013 WL 5200790, 2013 U.S. Dist. LEXIS 132688, Counsel Stack Legal Research, https://law.counselstack.com/opinion/farringer-v-colvin-ned-2013.