Hall v. Colvin

18 F. Supp. 3d 144, 2014 WL 1832184, 2014 U.S. Dist. LEXIS 64672
CourtDistrict Court, D. Rhode Island
DecidedMay 8, 2014
DocketC.A. No. 13-169-M
StatusPublished
Cited by20 cases

This text of 18 F. Supp. 3d 144 (Hall v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Rhode Island primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hall v. Colvin, 18 F. Supp. 3d 144, 2014 WL 1832184, 2014 U.S. Dist. LEXIS 64672 (D.R.I. 2014).

Opinion

MEMORANDUM AND ORDER

JOHN J. McCONNELL, JR., District Judge.

This matter is before the Court for review of the Administrative Law Judge’s (“ALJ’s”) decision denying an application for supplemental security income (“SSI”) submitted by Kathryn L. Hall. Ms. Hall filed her SSI application on March 9, 2009, claiming a disability onset date of January 17, 1976. Trans. 20.1 Ms. Hall alleges to suffer from cerebral palsy, depressive disorder, anxiety disorder, a personality disorder, obesity, and asthma. Id. at 22. Her SSI application was initially denied and again denied after reconsideration. Id. at 75, 81.

Ms. Hall requested a hearing before an ALJ and that hearing took place on November 9, 2011. Id. at 38-70; 84. Ms. Hall, represented by counsel, appeared and testified, as did a vocational expert. Id. at 38-70. Subsequently, the ALJ determined that Ms. Hall was not disabled during the relevant time period. Id. at 31-32. Ms. Hall appealed to the Appeals Council, but her request was denied. Id. at 1-6; 15-16. Ms. Hall then appealed to this Court. (ECF No. 1.)

Ms. Hall requests relief under sentence four of 42 U.S.C. § 405(g), seeking to reverse and remand the ALJ’s decision. (ECF No. 5.) Ms. Hall contends that she was not “provided a fair non-adversarial hearing” and the ALJ’s decision contains errors of law and its factual findings are not supported by substantial evidence in the record. (ECF No. 10 at 1; ECF No. 5 at 1.) Carolyn W. Colvin, Acting Commissioner of Social Security (the “Commissioner”), has moved for an affirmance of the ALJ’s decision “because substantial evidence supports the Commissioner’s finding that [Ms. Hall] was not disabled during the relevant time period.” (ECF No. 8 at 1.)

I. STANDARD OF REVIEW

“Judicial review of Social Security administrative determinations is authorized by 42 U.S.C. § 405(g) (1994).” Seavey v. Barnhart, 276 F.3d 1, 8 (1st Cir.2001). “The ALJ’s findings of fact are conclusive when supported by substantial evidence, 42 U.S.C. § 405(g), but are not conclusive when derived by ignoring evidence, misapplying the law, or judging matters entrusted to experts.” Nguyen v. Chater, 172 F.3d 31, 35 (1st Cir.1999) (citing Da Rosa v. Sec’y of HHS, 803 F.2d 24, 26 (1st Cir.1986) (per curiam); Ortiz v. Sec’y of HHS, 955 F.2d 765, 769 (1st Cir.1991)). Federal courts have “the power to [147]*147remand eases to the Commissioner” under the fourth and sixth sentences of § 405(g). Seavey, 276 F.3d at 8. “The fourth sentence of this subsection states that a reviewing court ‘shall have power to enter, upon the pleadings and transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner of Social Security, with or without remanding the cause for a rehearing.’ ” Id. (quoting 42 U.S.C. § 405(g)). The First Circuit has explained that if “an essential factual issue has not been resolved ... and there is no clear entitlement to benefits, the court must remand for further proceedings.” Seavey, 276 F.3d at 11.

II. THE MEDICAL EVIDENCE

The record contains evidence of Ms. Hall’s numerous visits to doctors and treatments from August 2008 through October 2011. Trans. 184-433. This Court will provide a chronological summary of the relevant medical evidence.

Ms. Hall met with psychologist John Parsons, Ph.D., six times between April 8, 2009 and August 18, 2009. Id. at 198. These evaluations were recommended by the Department of Children, Youth and Families due to concerns about Ms. Hall’s ability to parent safely and effectively. Id. Dr. Parsons diagnosed Ms. Hall with the following clinical syndromes: major depressive disorder, moderate, recurrent; generalized anxiety disorder; physical abuse of child as a victim; physical abuse of adult as a victim; and neglect of child. Id. at 213. He noted that Ms. Hall had problems with her primary support group; occupational problems; economic problems; and problems related to the interaction with the legal system. Id. Dr. Parsons diagnosed Ms. Hall with a GAF2 score of fifty, the highest it had been in the past year. Id. at 214. He also recommended that Ms. Hall have “consistent outpatient psychotherapy” and “a psychiatric evaluation to determine her need for psychotropic medications.” Id.

On September 8, 2009, Ms. Hall met with Jocelyn Kreiss, M.D. Id. at 224. This “consultative examination was for the sole purpose of assessing the presence of mental impairments such that these impairments hamper her ability to work and complete tasks of daily living.” Id. Dr. Kreiss diagnosed Ms. Hall with a non-specified depressive disorder and assigned her a GAF score of sixty. Id. at 227-28. Dr. Kreiss stated that Ms. Hall “would benefit from continued outpatient counseling on a regular basis.” Id. at 228.

A few days later, on September 16, 2009, Ms. Hall underwent an annual assessment update at the East Bay Center and was examined by Cheryl Andrade, LMHC, LCDP, CGAS, CCDP-D. Id. at 246-51. The update noted that Ms. Hall is a “[v]ery dependent individual due to limited training in life skills and significant repression/abuse.” Id. at 249. Ms. Hall was diagnosed with adjustment disorder with mixed anxiety and depressed mood; she was assigned a GAF score of fifty-five. Id. at 246.

Adam J. Cox, Ph.D. conducted a disability evaluation of Ms. Hall on April 20, 2010. Id. at 293. Dr. Cox stated that Ms. Hall’s “affect was tearful, sometimes to the extent of finding it hard to talk. Her mood was depressed.” Id. at 295. Dr. Cox noted that Ms. Hall’s “focus and memory are [148]*148impaired due to stress, depression, and frequent emotional dysregulationId. He also noted that “the claimant gives the impression of being preoccupied with depression and anger to an extent that problem solving and goal-directed action are essentially beyond her capability.” Id. Dr. Cox diagnosed her with major depressive disorder, recurrent; dependent personality disorder; and cerebral palsy. Id. He assigned her a GAF score of forty. Id.

On May 21, 2010, Joseph Litchman, Ph. D., a state agency reviewing psychologist, conducted a psychiatric review of Ms. Hall. Id. at 297-314. He opined that Ms. Hall had mild limitations in activities of daily living, moderate difficulties in maintaining social functioning, and moderate difficulties in maintaining concentration, persistence, or pace. Id. at 307. Dr. Litchman had medical records from Dr. Kreiss, Dr.

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Bluebook (online)
18 F. Supp. 3d 144, 2014 WL 1832184, 2014 U.S. Dist. LEXIS 64672, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hall-v-colvin-rid-2014.