Hamlin v. Colvin

199 F. Supp. 3d 247, 2016 U.S. Dist. LEXIS 102551, 2016 WL 4148219
CourtDistrict Court, D. Massachusetts
DecidedAugust 3, 2016
DocketCIVIL ACTION NO. 15-11797-MPK
StatusPublished
Cited by5 cases

This text of 199 F. Supp. 3d 247 (Hamlin v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Hamlin v. Colvin, 199 F. Supp. 3d 247, 2016 U.S. Dist. LEXIS 102551, 2016 WL 4148219 (D. Mass. 2016).

Opinion

MEMORANDUM AND ORDER ON PLAINTIFF’S MOTION TO REVERSE DECISION OF THE COMMISSIONER (#17) AND DEFENDANT’S MOTION TO AFFIRM THE COMMISSIONER’S DECISION (#20).

KELLEY, United States Magistrate Judge

I. INTRODUCTION

Plaintiff Lisha Hamlin (“Hamlin”) seeks reversal of the decision of Defendant Carolyn Colvin, Acting Commissioner of the Social Security Administration (“SSA”), denying her Disability Insurance Benefits (“DIB”). (#17.) Defendant moves for an Order affirming the Commissioner’s decision (#20), and Hamlin has responded. (#23.) As the administrative record (#11) has been filed and the issues fully briefed (##17, 21, 23), the cross motions stand ready for decision.

II. BACKGROUND

A. Procedural History

Hamlin applied for DIB on July 5, 2011. (TR 2 105.) She alleged a disability onset date of November 30, 2009, due to major depression, generalized anxiety disorder, PTSD, and ADHD. (TR 11, 268, 347.) Her application was denied initially and again upon reconsideration. (TR 9, 118, 121.) On January 24, 20Í4, a hearing was held before administrative law judge (“ALJ”) Francis Hurley, (TR 9, 42-91.) At the hearing, ALJ Hurley heard testimony from Hamlin and vocational expert Diane Durr. (TR 42-43.) On February 27, 2014, the ALJ issued an unfavorable decision. (TR 9-36.) On March 26, 2015, the Appeals Council denied .Hamlin’s request for review. (TR 1-3.) With that, the ALJ’s decision became final. See Tefera v. Colvin, 61 F.Supp.3d 207, 211 (D.Mass.2014). On May 7, 2015, having exhausted her administrative remedies, Hamlin filed this action for review pursuant to 42 U.S.C. § 405(g). (#1.)

B. Factual History

At the onset of her alleged disability, Hamlin was 46 years old. (TR 98.) She had past relevant work experience as a certified nurse’s aide, customer service manager, director of materials, and unit associate. (TR 83.) Hamlin stated that she had not worked since September 2007 due to alcohol use. (TR 368.)

1. Medical Records from Treating Sources

Hamlin argues that the ALJ erred by failing properly to evaluate her impairments caused by alcohol use (in Social Security parlance, “Drug [or] Alcohol Abuse” or “DAA”)3 and mental health impairments. (#17 at 5-12.) As a result, the Court need only focus on Hamlin’s mental [250]*250health and DAA history, not her physical impairments.

a. Initial Alcohol Rehabilitation: January 2008

Hamlin’s relevant medical history begins on January 11, 2008, when she entered Stanley Street Treatment and Resources for inpatient alcohol detoxification. (TR 15, 359-60.) She had been drinking 2 pints of vodka daily since the year 2000, often drinking to the point of blackout. (TR 1061, 1071.) She presented “full of unresolved grief’ from her sister’s recent death and her mother’s illness. (TR 364.) Her affect was “depressed” and she was experiencing alcohol withdrawal. (TR 15, 357.) At admission her Global Assessment of Functioning (“GAF”) was 45.4 (TR 369.) She was discharged on January 15, 2008, when her alcohol detox was complete. (TR 15, 361.)

b. Outpatient Treatment and Period of Sobriety: January 2008 through December 2011

On April 1, 2008, Hamlin had an initial visit to the New Bedford VA Outpatient Clinic with nurse practitioner Eugenie Keel. (TR 1079, 1199, 1992.) Screening tests indicated depression, but not PTSD. (TR 1085-88, 1205-08,1998-2001.) Ms. Keel wrote that Hamlin was attending AA meetings daily and had not had a drink since January 10, 2008. (TR 1081, 1203, 1994.) On April 9, 2008, when Hamlin had been sober for nearly 90 days, she had a comprehensive assessment with social worker Ronald Jolin at the same clinic. (TR 12, 15, 1067,1078, 1187, 1980.) Hamlin had started taking mirtazapine and trazo-done. (TR 1068, 1188, 1981.) She was unemployed “due to mental health limitation,” and her activities included watching television, visiting her mother, and staying in bed all day. (TR 1075, 1194-95, 1988.) Mr. Jolin noted immediate memory impairment and difficulty concentrating/attending. (TR 1076, 1196, 1989.) He diagnosed major depression, generalized anxiety disorder (“GAD”), and alcohol dependence in early partial remission, with a GAF of 50. (TR 1077-78, 1197, 1990-91.) Her depression symptoms were “depressed mood; anger/irritability; decreased sleep pattern; tearfulness; depressed concentration; decreased activities and interests; decreased energy and lethargy; 10 lb weight gain and she tends to isolate at home in bed.” (TR 1078, 1197, 1991.) Hamlin also presented anxiety symptoms of “excessive worry; restlessness; irritability; decreased sleep pattern; muscle tension; upset stomach; decreased concentration and being easily fatigued.” (TR 1078,1197-98,1991.)

On April 21, 2008, Hamlin met with psychologist John Dmochowski for an initial evaluation. (TR 15,1061,1183,1973.) Hamlin’s symptoms included trouble falling asleep, guilt, and improved concentration and memory but still with some mind wandering and forgetfulness; her anhedonia and interest were improving. (TR 1061, 1184, 1974.) Her mood was euthymic, affect congruent, attention and concentration intact. (TR 1063, 1186, 1976.) Dr. Dmo-chowski diagnosed major depressive episode with melancholia and chronic alcoholism in early remission, and assigned a GAF of “55-45-49”5 with a final score of 49. (TR 1060, 1063,1183, 1186, 1973, 1976.) In his treatment plan on the same date, Dr. Dmochowski included “Post-Traumatic Stress Disorder,” “Generalized Anxiety,” [251]*251“Panic Disorder,” and “Depression” as conditions to be treated with medication and psychotherapy. (TR 1059-60, 1181-83, 1972-73.)

Hamlin returned to Dr. Dmochowski on June 16, 2008; he noted that she had recently moved to a new apartment and was “making good use of recovery [services]” at the VA. (TR 1055-56, 1178-79, 1965.) Again, he assigned GAF of “55-45-49.” (TR 1057, 1180, 1967.) On June 17, 2008, Hamlin saw Mr. Jolin and reported moving to a nicer neighborhood. (TR 1964.) She had been staying sober, and mentioned “feeling less depressed since she was placed on some medication.” Id. On July 24, 2008, Hamlin returned to Mr. Jolin, reporting increased depression. (TR 1963.) Hamlin was attending 2-3 AA meetings per day and avoiding drinking. Id. On August 5, 2008, Hamlin saw Ms. Keel, who noted “mood and [function] stable.” (TR 1054, 1962.) On. September 12, 2008, Hamlin called the VA to request assistance in finding part-time work, saying that she wanted to get out in the world again and help people. (TR 1047, 1173, 1952.) On September 29, 2008, Dr. Dmochowski wrote that Hamlin’s “[depression, alcoholism are in temporary remission and I think her prognosis is good at this time.” (TR 1050,1955.)

Hamlin saw Mr. Jolin again on October 31, 2008, “frustrated about not working.” (TR 1947.) She had decreased energy and felt depressed, although she also reported feeling better physically and hanging out with friends. Id. On November 10, 2008, Hamlin returned to Dr. Dmochowski, stating that she felt depressed, melancholy, irritable, and anxious, and had withdrawn to her bedroom for more than a month. (TR 1162, 1944.) Dr.

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199 F. Supp. 3d 247, 2016 U.S. Dist. LEXIS 102551, 2016 WL 4148219, Counsel Stack Legal Research, https://law.counselstack.com/opinion/hamlin-v-colvin-mad-2016.