Heather Dashti v. Michael Astrue, Commissioner

508 F. App'x 347
CourtCourt of Appeals for the Fifth Circuit
DecidedJanuary 22, 2013
Docket12-10588
StatusUnpublished
Cited by1 cases

This text of 508 F. App'x 347 (Heather Dashti v. Michael Astrue, Commissioner) is published on Counsel Stack Legal Research, covering Court of Appeals for the Fifth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Heather Dashti v. Michael Astrue, Commissioner, 508 F. App'x 347 (5th Cir. 2013).

Opinion

PER CURIAM: *

On October 26, 2007, Heather R. Dashti applied for disability insurance benefits. The state disability determination service denied benefits, finding that Dashti was not disabled before her Title II insured status lapsed. An Administrative Law Judge (“ALJ”) also denied benefits after a hearing. Dashti sought review of the ALJ’s decision by the Appeals Council, which denied her request for review. Dashti filed suit against the Commissioner of the Social Security Administration (“SSA”) under 42 U.S.C. § 405(g). The district court upheld the denial of benefits. We AFFIRM.

FACTUAL BACKGROUND

On October 26, 2007, Dashti filed applications for disability insurance benefits and Supplemental Social Security benefits due to her bipolar disorder and manic depression. Dashti’s application for Supplemental Social Security benefits was initially denied. On reconsideration, the disability determination service found that she was disabled as of October 26, 2007, which was the protective filing date of her application. 1 Although Dashti was found to be disabled as of October 26, 2007, and eligible for Supplemental Social Security benefits, she was nonetheless denied disability insurance benefits because it was determined that she was not disabled as of December 31, 2006, the date her Title II insured status expired. 2

Dashti has a general equivalence degree. She has been employed as a retail sales clerk and a telephone operator. She has *349 been unemployed since 2001, which is also when she alleges that she became disabled and unable to work due to bipolar disorder and manic depression. Dashti has a history of depression dating back to her youth.

The earliest relevant medical record, a 2004 psychiatric nursing report, reveals that Dashti was an established patient at the John Peter Smith Hospital in Fort Worth, Texas. Although Dashti indicated that she sought to reestablish care at the facility during the 2004 visit, there is no indication that she received any psychiatric care at that time. On April 11, 2005, Dashti returned to Smith Hospital on referral by her primary physician for a psychiatric evaluation. Dashti had given birth to twins on December 16, 2004, and was experiencing symptoms of postpartum depression. Dr. Elma Granado evaluated Dashti and noted that while her mood was depressed, she denied any thoughts of harming herself or others. Dr. Granado found Dashti to be alert and cooperative, although she was slow to respond to questioning. Dr. Granado diagnosed Dashti with a depressive disorder and advised her to continue taking the anti-depressant, Zoloft, as prescribed by her primary physician.

On June 16, 2005, Dashti returned to Smith Hospital for her first follow-up visit. Dashti reported frequent crying spells, mood swings, insomnia, and occasional difficulty breathing. The doctor who evaluated her noted that Dashti’s mood was depressed and that she was slow to respond to questioning. Nonetheless, the doctor indicated that Dashti was cooperative, alert, and exhibited no defects in her intellectual faculties. An anti-psychotic, Ris-perdal, was added to Dashti’s medication regimen.

Dashti returned to Smith Hospital on July 7, 2005. Dashti reported that her depression and insomnia had worsened. She also stated she did not want to continue taking Risperdal, so the doctor discontinued the medication and added a second anti-depressant, Remeron.

Dashti continued regular follow-up visits with Smith Hospital until the expiration of her Title II insured status on December 31, 2006. During that time, she reported no more than moderate problems performing daily activities and functioning socially. 3 She consistently denied suicidal thoughts, delusions, or hallucinations.

Dashti also alleged that she suffered from a disabling knee injury. On November 1, 2007, Dashti was examined by Dr. Johnny Gibbs, due to pain in her right knee. Dashti reported that she fell in her kitchen in October 2006. Dashti had an MRI in September 2007, which revealed a torn meniscus. Dr. Gibbs’s report states that palpation of Dashti’s knee revealed no significant findings. Dashti retained full range of motion, but she complained of pain when she fully extended her knee. Dr. Gibbs recommended a home exercise program and prescribed Aleve for pain.

DISCUSSION

Dashti is proceeding pro se in her appeal. She argues that the Commissioner erred in determining that she was not disabled prior to the expiration of her Title II insured status which made her ineligible for disability benefits. 4 This court’s re *350 view of the Commissioner’s eligibility determination is limited to “whether the Commissioner applied the proper legal standards and whether substantial evidence in the record supports his decision.” Jones v. Astrue, 691 F.3d 730, 733 (5th Cir.2012). Substantial evidence is defined as “such relevant evidence as a reasonable mind might accept to support a conclusion. It is more than a mere scintilla and less than a preponderance.” Newton v. Apfel, 209 F.3d 448, 452 (5th Cir.2000). “If the Commissioner’s findings are supported by substantial evidence, they must be affirmed.” Id.

In considering Dashti’s claim of disability, the ALJ employed the five-step sequential evaluation process established by the SSA. The evaluation process calls for consideration of whether (1) the claimant is engaged in substantial gainful activity; (2) the claimant has a severe, medically determinable mental or physical impairment; (3) the impairment meets or equals a listed impairment in Appendix 1 of the regulations; (4) the impairment prevents the claimant from doing past relevant work; and (5) the impairment prevents the claimant from doing any other work. Id. at 453; 20 C.F.R. § 404.1520(a)(4)(i)-(v).

The ALJ found that Dashti had not engaged in substantial gainful activity since November 1, 2001. The ALJ also found that Dashti suffered from severe impairments as a result of her depression and her knee injury. The ALJ concluded, however, that she did not have an impairment or combination of impairments that met or equaled the severity of any listed impairment for which she would be found presumptively disabled.

While the ALJ determined that Dashti’s mental and physical impairments were not incapacitating, he found that they did impose work-related limitations on Dashti. Specifically, the ALJ found that Dashti’s manic depression affected her ability to concentrate, limiting her to jobs that required only non-complex work instructions.

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Bluebook (online)
508 F. App'x 347, Counsel Stack Legal Research, https://law.counselstack.com/opinion/heather-dashti-v-michael-astrue-commissioner-ca5-2013.