Gump v. Barnhart

334 F. Supp. 2d 1155, 2004 WL 2003786
CourtDistrict Court, E.D. Missouri
DecidedAugust 16, 2004
Docket2:03 CV 31 DDN
StatusPublished

This text of 334 F. Supp. 2d 1155 (Gump v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gump v. Barnhart, 334 F. Supp. 2d 1155, 2004 WL 2003786 (E.D. Mo. 2004).

Opinion

334 F.Supp.2d 1155 (2004)

Kelly D. GUMP, Plaintiff,
v.
Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

No. 2:03 CV 31 DDN.

United States District Court, E.D. Missouri, Northern Division.

August 16, 2004.

*1156 Anthony W. Bartels, Jonesboro, AR, for Plaintiff.

Raymond W. Gruender, III, Wesley D. Wedemeyer, Office of U.S. Attorney, St. Louis, Mo, for Defendant.

MEMORANDUM

NOCE, United States Magistrate Judge.

This action is before the court for judicial review of the final decision of the defendant Commissioner of Social Security on the application of plaintiff Kelly D. Gump for a period of disability and disability insurance benefits under Title II and Subchapter XVIII, Part A, of the Social Security Act (the Act), 42 U.S.C. §§ 401, et seq., and supplemental security income (SSI) benefits under Title XVI of the Act, 42 U.S.C. §§ 1381, et seq. The parties have consented to the exercise of plenary jurisdiction by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).

I. BACKGROUND

A. Plaintiff's application materials

In September 2000, plaintiff, who was born in 1963, applied for benefits, claiming she has been disabled since June 30, 2000. She alleged that a hip injury and a mental illness make her unable to maintain the ability required to do any job for an extended period of time due to extreme paranoia of fellow workers. These problems, she indicated, first bothered her in 1981. As to her daily activities, plaintiff indicated that she cooked twice a day, performed all household maintenance activities, shopped for groceries every day, read a lot, and drove once a month. (Tr. 106, 124, 146-49.)

In a work history report, she listed ten jobs she had held since 1990: a tray person at a hospital kitchen, a delicatessen worker at a grocery store, a lather at a construction company, a sewing machine operator at a factory, a sandwich maker at a restaurant, an assembly line worker at a Quaker Oats factory, a nurse's aide at a nursing home, an assembly line worker at "Rival" factory, an assembly line worker at a Tracker Boats (Tracker) factory, and a cartridge stuffer at a ribbon factory. For the first six jobs she completed forms on the report that directed her to provide details about the work. Earnings statements from 1979 to 2001 indicate that she *1157 generally had low annual earnings; in only three of the previous twelve years did she earn more than $4000. In her best year, 1994, she earned $7320.15 at Tracker. (Tr. 115, 118, 137-43.)

B. Plaintiff's medical records

In June 1998, plaintiff went to a hospital emergency room with multiple contusions from a domestic fight, including a swollen (but not fractured) right foot. (Tr. 356-58.)

On June 14, 2000, plaintiff began treatment at the Grand Lake Mental Health Center (Grand Lake). Upon admission, her diagnosis was schizoaffective disorder, cannabis abuse, alcohol abuse, asthma, and chronic bronchitis. Her Global Assessment of Functioning (GAF) was currently 40, "past 50." An initial comprehensive assessment indicated that her treatment was intended to last one year, with her goals being to maintain a job for one year and to report being happy within six months. During a June 15 counseling session at Grand Lake, she appeared restless and anxious, and had a labile[1] affect. She participated in some group discussions but had to leave the room because of her history of anger and anxiety around crowds. On June 21, she complained of hearing a voice telling her to hurt people, but indicated she did not follow through on what it told her. She also described mood swings. She admitted abusing intravenous cocaine, alcohol, marijuana, and methamphetamine, which her physician strongly urged her to discontinue using. He listed her prescription medications as Zypexa and Depakine. (Tr. 268-69, 321-22, 326.)

On June 27, 2000, plaintiff went to the emergency room, complaining that she had gone crazy, was seeing things, and could not eat or sleep. It was noted that she had stopped taking her medications the previous week. A mental health practitioner completed a statement to support a peace officer's affidavit to have plaintiff taken into protective custody for treatment. She believed that plaintiff had homicidal ideation and schizophrenia and was a danger to herself or others. Thus, plaintiff was admitted into Grand Lake. Her GAF was "15/50." Her projected stay was 3 to 7 days. (Tr. 316-17, 335, 338-40.)

Between July 3 and July 19, 2000, plaintiff was treated at the Baptist Regional Health Center. Upon admission, she stated that she was hearing voices and seeing shadows. She had unresolved anger issues. Her GAF was 20 on July 5. The final diagnosis was intermittent explosive disorder, polysubstance dependence, personality disorder, and asthma. Her GAF at discharge was 45; her highest GAF for the past year was 60. She was prescribed Depakote, Robaxin, Flovin inhaler, Prozac, and Celebrex. It was noted that she would need long-term outpatient therapy. (Tr. 182-83, 187.)

An August 16, 2000 Grand Lake progress note indicated plaintiff reported dizziness, headaches, nausea, and blacking out and was focusing on getting back on her medications. (Tr. 303.)

On January 4, 2001, psychologist Peggy Bowen, Ph.D., administered a mental status examination. Plaintiff was alert and oriented to time, place, and person. She reported drinking at least a gallon of Vodka per day as recently as March 2000 and had been arrested for fighting and driving under the influence. She smoked marijuana whenever she could. (Tr. 248-50.)

Dr. Bowen's diagnostic impressions were schizoaffective disorder, cannabis *1158 abuse, and alcohol abuse, with a GAF of 55. She found some evidence of exaggeration, embellishment, and malingering and she stated that, according to the mental status examination, plaintiff was not limited in her ability to do work-related mental activities, such as understand, remember, sustain concentration, and persist. She opined that plaintiff (1) was limited socially interacting and adapting with others given her history of fighting, (2) was unable to sustain employment, living conditions, and relationships for more than a short time period, and (3) would be unable to self-manage funds. (Tr. 251.)

On January 16, 2001, non-examining psychiatrist Bernard L. Pearce, Ph.D., opined that plaintiff had marked restrictions in activities of daily living, in maintaining social functioning, and in concentration, persistence, or pace; and that she had had three repeated decompensation episodes of extended duration. He suggested that drug and alcohol abuse were material. (Tr. 264, 266.)

On May 2, 2001, plaintiff, who had missed her previous appointment at Grand Lake, reported having stopped her medications because Paxil gave her a headache, Lithium caused excessive urination, and she did not want to take Risperdal. J.W. Coonfield, M.D., then recommended three "good, safe medications," but she did not want to take them. She informed him that she had been on Depaken before and it had helped her and that she wanted to try Trazodone; he prescribed both medications for her. (Tr. 275.)

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Related

Bowen v. Yuckert
482 U.S. 137 (Supreme Court, 1987)

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Bluebook (online)
334 F. Supp. 2d 1155, 2004 WL 2003786, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gump-v-barnhart-moed-2004.