Gladys C. Thornton v. Michael Astrue

356 F. App'x 243
CourtCourt of Appeals for the Eleventh Circuit
DecidedDecember 4, 2009
Docket09-12415
StatusUnpublished
Cited by1 cases

This text of 356 F. App'x 243 (Gladys C. Thornton v. Michael Astrue) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gladys C. Thornton v. Michael Astrue, 356 F. App'x 243 (11th Cir. 2009).

Opinion

PER CURIAM:

Gladys Thornton appeals a decision that affirmed the denial of her application for *245 disability insurance benefits and supplemental security income from the Social Security Administration. 42 U.S.C. §§ 405(g), 1383(c)(3). The administrative law judge decided that Thornton was ineligible for disability benefits because she failed to prove that she had a severe mental impairment that lasted twelve months and began on or before December 31, 1997. Because substantial evidence does not support that decision, we vacate the order affirming the denial of benefits and remand for further proceedings.

I. BACKGROUND

Thornton testified and submitted evidence at two evidentiary hearings that, beginning in 1992, she had suffered from mental disorders that affected her ability to maintain gainful employment. Thornton testified that, in February of 1992, she resigned from her position as an aid to a guidance counselor because she had difficulty concentrating, dressing for work, completing chores, or “responding] to things that were required of [her] anymore.” Thornton tried copying documents as a teacher’s aid, but she became confused and gave the materials to the wrong teachers, suffered from delusions and hallucinations, and had personality conflicts that affected her relationships with members of her family. After Thornton quit work, she became forgetful, avoided household chores, slept 16 hours a day, and avoided interaction with the public.

Medical records provided by Thornton’s treating psychiatrist, Clarence Johnson, suggested that Thornton suffered from episodic mental instability from 1994 through 2001, even when medicated. Johnson noted that in 1994 Thornton had delusions that Johnson treated with two antianxiety medications, Zoloft and Tranxene, and an antidepressant, Pamelor. In May 1995, Thornton had panic attacks that subsided with the administration of Lithium Carbonate, an antimanic medication. In October 1995, Johnson opined that Thornton was not “emotionally able to handle” a major oral surgery. From January through June 1996, Johnson recorded that Thornton was stable and remained on medication for “chronic bipolar depression with psychotic features[,]” a panic disorder, and obsessive compulsive disorder. In December 1996, Johnson reduced Thornton’s medications and noted that her condition was “the best [Johnson] had seen ... in several years.” Thornton remained generally stable throughout 1997, other than a panic attack in May 1997.

According to Johnson’s notes, Thornton deteriorated in December 1997 when she reported paranoid ideations about her husband starting a fire and putting rats in their house. Johnson prescribed Zyprexa, an antipsychotic medication, for Thornton’s ideations. Although Thornton improved in January 1998, her husband called Johnson in late February complaining that Thornton was “really getting a little out of control.” Johnson opined that Thornton was coping with her bipolar depression because she was “not as delusional as she ha[d] been in the past.” In March 1998, Johnson noted that Thornton was “still somewhat flat,” but she was “not nearly as depressed” and, for the next several months, Thornton had good insight and judgment. Thornton deteriorated again in August 1998 and had difficulty with her thoughts and ideas of reference. In September, Thornton had hallucinations, and Johnson continued to prescribe Lithium, Zoloft, Tranxene, Pamelor, and Zyprexa for Thornton. In November, Johnson opined that Thornton was “doing fair” because even though she was somewhat depressed, she did not appear to be psychotic.

*246 Johnson recorded that Thornton’s mental health followed a similar cycle from 1999 through 2001. In January 1999, Thornton had good mental status, insight, and judgment, but in February, she had obsessive thoughts. By June, Thornton still had some paranoia and difficulty with ideas of reference, but her insight and judgment were good. In May of 2000, Thornton’s paranoia had worsened, but within a few days, she had improved.

In the fall of 2001, Thornton changed doctors and received treatment from Dr. Barbara Davanzo. In June 2003, Davanzo recorded in her medical notes that Thornton had mental problems stemming from her daughter’s drug abuse. Thornton attempted suicide in 2004 and was admitted to the hospital for treatment.

In August 2004, Davanzo submitted in support of Thornton’s application for Social Security benefits a statement that Thornton was unable to work because she had difficulty understanding, recalling, or performing short, simple instructions, making judgments necessary to complete tasks, interacting appropriately with coworkers and the public, and responding to pressure. Davanzo stated that, based on Thornton’s unstable moods, psychosis, and paranoia, Thornton was unable to behave appropriately in the workplace. In 2006, Davanzo signed a letter on which she circled yes in response to a question about whether Thornton’s limitations existed on or before December 31,1997.

In 2003, two psychiatrists evaluated Thornton’s medical records and concluded that the evidence was insufficient to find that Thornton was disabled. Clare Rubin stated, in her one-paragraph conclusion, “Although manic depressive disorder is one of the diagnoses in [Thornton’s] [Medical Examination Records] ... there [are] no [records] covering [patient’s] treatment, functioning or meds.” In the paragraph that followed, Shelby Bennett stated she had “reviewed” the records and “confirmed” Rubin’s “assessment.”

During an evaluation in April 2005, psychologist David Acker found that Thornton’s mental problems had been disabling. Acker found that Thornton, when medicated, could complete simple tasks and interact with others, but she had difficulty complying with work rules, dealing with the public, exercising judgment, and coping with stress. Acker also found that Thornton could relate predictably in social situations, but she could be unreliable and unstable emotionally. Acker opined that Thornton’s mental problems would affect “most all work activities” and it would be difficult for Thornton to find employment to accommodate her “psychiatric challenges.”

At a hearing in August 2005, a vocational expert gave his opinion about what work Thornton could perform. When told about Thornton’s education and work experience, the expert opined that Thornton was qualified to perform “only one job” as “a teacher’s aid.” The expert also opined that Thornton could serve as a teacher’s aid even if Thornton had to take “prescribed psychotropic medications, which are without side effect[s].” The expert’s opinion changed when given a hypothetical that the person could not comply with simple or detailed instructions, make simple work-related decisions, interact with coworkers or the public, or respond appropriately to woi'k pressures. Based on these limitations found by Acker, the expert affirmed that the “person would not be able to return to the job as a teacher’s aid” and stated that the limitations would “rule out other jobs that exist in the national economy.” In response to a hypothetical that the person was “[s]eriously limited in ability to follow work rules, deal with the public, use judgment, deal with work stresses, *247

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Bluebook (online)
356 F. App'x 243, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gladys-c-thornton-v-michael-astrue-ca11-2009.