Goodson v. Barnhart

217 F. Supp. 2d 892, 2002 U.S. Dist. LEXIS 15404, 2002 WL 1926919
District Court, N.D. Illinois·Decided August 20, 2002·No. 01 C 5999·Published·Cited by 1 cases

Opinion

MEMORANDUM OPINION AND ORDER

DENLOW, United States Magistrate Judge.

Plaintiff Veronica Goodson (“Claimant” or “Goodson”) seeks judicial review of the final decision of the Commissioner of Social Security (“Commissioner”), Jo Anne B. Barnhart, denying her application for Supplemental Security Income (“SSI”) under the Social Security Act, Title XVI, 42 U.S.C. §§ 416®, 423(d), 1383. Goodson claims the Commissioner’s decision to deny her benefits should be reversed and remanded because the Commissioner did not consider her psychotic disorder. Both parties now move for summary judgment. For the reasons stated herein, this Court denies the Commissioner’s motion for summary judgment, grants Claimant’s motion for summary judgment, and remands the case to the Commissioner for further proceedings consistent with this decision.

I. RELEVANT FACTS

A. PROCEDURAL HISTORY

Goodson has filed three applications for SSI benefits. (R. 20). She filed her first application on January 21,1993; this application was denied by an Administrative Law Judge (“ALJ”). (R. 20). Claimant subsequently requested a review by the Appeals Council which was denied. (R. 20). Goodson filed her second application on August 20,1996. (R. 20). This application was denied initially and Goodson did not appeal. (R. 20). Goodson filed the application which is the subject of this action on August 15, 1997. (R. 20). Her application was denied initially and upon reconsideration. (R. 20). She requested a hearing and testified at the hearing where she was represented by counsel. (R. 50). Vocational Expert, Richard J. Hammers-ma (“VE”), also testified. (R. 50). ALJ Charles J. Frisch rendered an unfavorable decision. (R. 17-27). Goodson’s request for review with the Appeals Council was denied. (R. 9).

B. GOODSON’S HEARING TESTIMONY

On May 14, 1999, Goodson testified before ALJ Frisch at a Social Security Administration (“SSA”) Hearing. Goodson was born on October 13, 1963. (R. 197). She completed the tenth grade and began the eleventh grade, but did not finish. (R. 58). Claimant took courses towards her GED; however, she never received her GED. (R. 71). Goodson has not tried to work since she was involved in a training program at McDonald’s in Junior High School. (R. 61). She has no previous work experience. (R. 61). She currently is not attending school. (R. 61). When asked if there was any physical reason why she could not work, Goodson stated her feet hurt from time to time. (R. 59).

Goodson’s treating psychiatrist and examining psychologist have diagnosed her with psychotic disorder, NOS and a personality disorder, NOS. (R. 338-39, 323). With regards to her mental condition, she testified Dr. Bradley Gordon prescribes medication for her mental impairment and when she stopped seeing him for about a year she was seeing other counselors. (R. 64). Goodson sees this other counselor, Kitty Goldberg, twice a week and attends group therapy every other week. (R. 67). Goodson also attends Alcoholics Anonymous (“AA”) meetings. (R. 67).

Goodson takes medication because she sees and hears things that are not there and has attacks. (R. 64-65). She feels a little better when she takes her medication. (R. 61). However, she still sees *895 and hears things despite being medicated. (R. 68). This bothers her and makes her feel scared; she sometimes sleeps with the light on at night. (R. 68). During her attacks, she experiences cravings, mental headaches, shaking, and blurred vision. (R. 70). Goodson has been free from drugs and alcohol for a year and a half, yet she testified she only sometimes knows where she is, where she lives, and what is going on around her. (R. 61, 64).

Claimant receives General Assistance and food stamps to purchase food and medications. (R. 60). Goodson rents a room from her mother and sister. (R. 55-56). She makes her own simple meals, does her own laundry, and sometimes cleans her room. (R. 56). She has four children, all of whom were adopted by her father. (R. 56). Her father died in July 1998 and his wife cares for the children. (R. 56, 58). Goodson has telephone contact with the children. (R. 57).

Goodson stated her test scores in reading, writing, and arithmetic are very low. (R. 58). She can read basic mail and her sister helps her with the rest. (R. 58). She can write a simple grocery list or message. (R. 58). She took the train to the hearing. (R. 59). When she is not attending therapy appointments, she sleeps, watches television, occasionally walks to the grocery store or drugstore, and attends church. (R. 59-60, 63). She may socialize with her sister around the house. (R. 62). Before her father died, she socialized with other people and visited her father. (R. 69). Since his death, her attacks and feeling like she is missing something have increased. (R. 70).

C. MEDICAL EVIDENCE

The medical evidence in this case consists of records from Goodson’s visits with her treating psychiatrist, Dr. Bradley Gordon; examining psychologist, Dr. Mary Gardner; state agency mental health professionals, psychiatrists Dr. Rachel Yud-kowsky and Dr. Diane Washington, and psychologists Dr. Robert Casas and Dr. Carl Hermsmeyer. No records were submitted from her counselor, Kitty Goldberg.

1. Dr. Bradley Gordon

Dr. Gordon is Claimant’s treating psychiatrist. He first examined Claimant on February 11, 1998, when Claimant reported she wanted to “stop using [drugs] and remain clean and sober.” (R. 309). At that time, Dr. Gordon completed a psychiatric evaluation of Goodson and opined she was circumstantial and tangential in her thinking, she was oriented times four, her mood was “settled,” her affect was appropriate to content, she had no homicidal or suicidal ideation, and her intellect, reasoning, attention and concentration, insight, judgment and memory were all intact. (R. 310). Dr. Gordon assigned a Global Assessment of Functioning (GAF) score of 60 indicative of moderate to mild symptoms. (R. 311). See Diagnostic and Statistical Manual of Mental Disorders (DSM-IV) 32 (4th ed.1994). Dr. Gordon also saw Claimant on March 11 and December 1, 1998. (R. 306).

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Goodson v. Barnhart, 217 F. Supp. 2d 892, 2002 U.S. Dist. LEXIS 15404, 2002 WL 1926919 (N.D. Ill. 2002).

217 F. Supp. 2d 892 (Goodson v. Barnhart) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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