Harris v. Astrue

886 F. Supp. 2d 416, 2012 WL 3601037, 2012 U.S. Dist. LEXIS 118088
CourtDistrict Court, D. Delaware
DecidedAugust 21, 2012
DocketCivil Action No. 10-1021-RGA
StatusPublished
Cited by4 cases

This text of 886 F. Supp. 2d 416 (Harris v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Delaware primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Harris v. Astrue, 886 F. Supp. 2d 416, 2012 WL 3601037, 2012 U.S. Dist. LEXIS 118088 (D. Del. 2012).

Opinion

MEMORANDUM OPINION

ANDREWS, District Judge:

Plaintiff, Kelly Harris, appeals the decision of Defendant Michael J. Astrue, the Commissioner of Social Security (the “Commissioner”), denying her application for disability insurance benefits (“DIB”) under Title II of the Social Security Act and supplemental security income (“SSI”) under Title XVI of the Social Security Act (the “Act”). 42 U.S.C. §§ 401-433, 1381-1383f. This Court has jurisdiction pursuant to 42 U.S.C. §§ 405(g) & 1383(c)(3). Presently pending before the Court are cross-motions for summary judgment filed by Harris and the Commissioner. (D.I. 18, 20). For the reasons set forth below, the Court denies Harris’ motion for summary judgment and grants the Commissioner’s motion.

BACKGROUND

I. Procedural History

Harris filed her applications for DIB and SSI1 on February 27, 2004 (D.I. 11 (“Transcript” and hereafter “Tr.”) at 19), claiming she had been disabled since August 1, 2003. (Tr. 584). Harris’ applications were denied initially on August 25, 2004 and again were denied upon reconsideration on February 11, 2005. (Tr. 19). Thereafter, a video hearing was held before an Administrative Law Judge (the “ALJ”) on November 2, 2006. (Tr. 19). The ALJ issued an unfavorable decision on March 14, 2007. (Tr. 16-28). The Appeals Council denied Harris’ request for review on November 14, 2007. (Tr. 5-7). Plaintiff then filed a complaint in this Court on January 18, 2008. Harris v. Astrue, Civ. Act. No. 08^2-JJF. After about a year and additional review, the Commissioner moved to voluntarily remand Harris’ claim for additional evaluation. (Id., D.I. 18).

A second video hearing was held before the ALJ on September 29, 2009, and the ALJ issued a second unfavorable decision on October 21, 2009. (Tr. 582-601). The Appeals Council denied review on September 30, 2010, making the ALJ’s determination the final decision of the Commissioner. (Tr. 521-23). Harris filed the instant complaint on November 24, 2010. (D.I. I).

[419]*419II. Factual Background

A. Plaintiffs Medical History, Condition and Treatment

Harris was only 29 years old on the date of her alleged disability onset (Tr. 51) and is defined as a younger individual under the Act. See 20 C.F.R. §§ 404.1563(c), 416.963. Harris completed the 11th grade, has three children, and was last regularly employed in 2003, although she did have brief periods of employment in 2004 and 2007, working primarily as a cleaner. (Tr. 90, 92).

Harris’ detailed medical history is contained in the record; however, the Court will provide a brief summary of the pertinent evidence. Plaintiff has a long history of mental illness. On November 30, 2000, Harris underwent a 5 day civil commitment following a suicide attempt. (Tr. 139). She was diagnosed with recurrent depressive disorder, aggravated by alcohol abuse. (Tr. 140). Harris was discharged on December 4, 2000 with a prescription for Prozac. She was re-admitted the next day for 8 days of therapy after stating that she could not afford to fill her prescription. (Tr. 160). She was discharged again on December 13, 2000 with a “brighter affect” and “more hopeful” outlook. (Tr. 160).

According to the record, Harris received no additional particular mental health treatment until May 2004. (Tr. 270). On May 6, 2004, Mujib Obeidy, M.D. performed a psychiatric assessment of Harris. (Tr. 273). He diagnosed her with a mood disorder, assessed a global assessment of functioning (GAF) score of 45, indicating serious symptoms, and admitted her to a partial hospitalization program. (Tr. 274). Harris was discharged from the program two weeks later because she was unable to obtain child care for her children. (Tr. 276). She was diagnosed with bipolar disorder and given prescriptions for Xanax, Lexapro, Depakote, and Trazadone. (Tr. 275-76). Her GAF score upon discharge was 60, indicating mild to moderate symptoms. (Tr. 275).

One week later, Dr. Obeidy noted that Plaintiff had “responded well” to her medications. (Tr. 289). He observed that she was alert, oriented, and cooperative and assessed a GAF score of 50. (Tr. 289). Dr. Obeidy instructed Harris to continue with her medication. (Tr. 289). He also noted, without further explanation, that “Patient is 100% disabled — Prognosis is poor. Disability is expected to last > 12 months.” (Tr. 289).

Wellbutrin was added to Harris’ prescription regimen sometime between May and August 2004. In August 2004, Harris claimed to have had a seizure, which was determined to have been caused by an adverse reaction to Wellbutrin. (Tr. 308). A brain MRI was normal. (Tr. 431).

Harris did not seek medical treatment again until January 2005. (Tr. 315). David Kalkstein, M.D., Ph.D., noted that she was calm, was in a “fairly good” mood, and had goal-directed thought. (Tr. 315). He diagnosed bipolar disorder and assessed a GAF score2, noting modferate] symptoms. (Tr. 315).

On June 22, 2006, Harris visited the emergency room because of an “altered mental status.” (Tr. 659). She admitted taking 3 Xanax pills (Tr. 664) but also tested positive for cocaine and opiates. (Tr. 676). Doctors determined that Harris’ medication caused her altered mental state and discharged her to home. (Tr. 668).

[420]*420On November 27, 2006, Harris was examined by state agency consultant, Brian Simon, Psy.D. (Tr. 435). Harris claimed to have manic periods followed by sleeping for 12-40 hours. (Tr. 435). She stated that she got along well with other family members except when she had “moods.” (Tr. 436). Harris was unable to remember all of the names of her medications but denied any side effects. (Tr. 437). She further admitted that her only treatment for bipolar disorder was medications prescribed by her primary care physician. (Tr. 437). She also reported a history of having been arrested “either two, three, or four” times in the past. (Tr. 437). Harris stated that she held a job for six years and stopped working to care for her oldest child. (Tr. 437). She further denied any history of emotional deterioration at work and reported that she was able to get along well with others during the time that she was employed. (Tr. 438). Harris also reported that she was able to bathe herself independently; perform simple chores including doing the dishes and the laundry, cooking, and driving a car. (Tr. 441).

Dr. Simon observed that Harris was well-groomed, cooperative, and appeared to give her best efforts during the examination. (Tr. 438). Her speech was normal in rate and goal directed; she had no slurring or articulation problems; her activity level was appropriate; she had no hyperactivity or psychomotor agitation; she did not seem distractible; and she was oriented in all spheres. (Tr. 438). Dr. Simon indicated that Harris’ intellectual functioning was at the lower end of the borderline range. (Tr. 439). Dr. Simon concluded that she could respond appropriately to others at work and, based on cognitive testing and mental status/presentation, would have only a slight limitation in performing work involving only short/simple instructions. (Tr. 441-42).

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Bluebook (online)
886 F. Supp. 2d 416, 2012 WL 3601037, 2012 U.S. Dist. LEXIS 118088, Counsel Stack Legal Research, https://law.counselstack.com/opinion/harris-v-astrue-ded-2012.