Holland v. Commissioner of Social Security

195 F. Supp. 3d 1011, 2016 WL 3901365, 2016 U.S. Dist. LEXIS 93628
CourtDistrict Court, N.D. Indiana
DecidedJuly 19, 2016
DocketCAUSE NO. 1:15-cv-00064-SLC
StatusPublished
Cited by2 cases

This text of 195 F. Supp. 3d 1011 (Holland v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Holland v. Commissioner of Social Security, 195 F. Supp. 3d 1011, 2016 WL 3901365, 2016 U.S. Dist. LEXIS 93628 (N.D. Ind. 2016).

Opinion

OPINION AND ORDER

Susan Collins, United States Magistrate Judge

Plaintiff Danny Holland appeals to the district court from a final decision of the Commissioner of Social Security (“Commissioner”) denying his application under the Social Security Act (the “Act”) for disability insurance benefits and disabled widower’s benefits (together, “DIB”).1 (DE [1013]*10131). For the following reasons, the Commissioner’s decision will be REVERSED, and the case will be REMANDED to the Commissioner for further proceedings in accordance with this Opinion and Order.

I. PROCEDURAL HISTORY

Holland applied for DIB in March 2012, alleging disability as of September 20, 2008, which he later amended to July 20, 2011.2 (DE 10 Administrative Record (“AR”) 25, 228-31, 259-62, 271). The Commissioner denied Holland’s application initially and upon reconsideration. (AR 137, 164). After a timely request, a hearing was held on March 7, 2013, before Administrative Law Judge William D. Pierson (“the ALJ”), at which Holland, who was represented by counsel, and a vocational expert, Amy Kutschbach (the “VE”), testified. (AR 54-91). On April 15, 2013, the ALJ rendered an unfavorable decision to Holland, concluding that he was not disabled because despite the limitations caused by his impairments, he could perform a significant number of unskilled, light jobs in the economy. (AR 22-36). The Appeals Council granted Holland’s request for review and issued Holland a partially favorable decision by finding that he was disabled as of April 15, 2013, but not before that date. (AR 1-18, 358).'

Holland filed a complaint with this Court on March 10, 2015, seeking relief from the Commissioner’s decision with respect to the finding that he was not disabled before April 15, 2013. (DE 1). In doing so, Holland advances just one argument—that the ALJ failed to adequately account for his moderate limitations in concentration, persistence, or pace when determining his residual functional capacity (“RFC”) and when posing the hypotheticals to the VE at step five. (DE 18 at 10-12).

II. FACTUAL BACKGROUND3

At the time of the ALJ’s decision, Holland was 54 years old (AR 266); had a fifth or sixth grade education with no special education classes (AR 7, 61, 272); and possessed past work experience as a machine operator and handyman (AR 321, 324). He alleges disability due to subtle chondroma-lacia and subtle Assuring of the femoral articular surface and mild narrowing of the medial compartment of the right knee, degenerative disc disease, hypertension, spondylosis of the cervical spine, chronic kidney disease, gastroesophageal reflux disease, panic attacks, major depressive disorder, agoraphobia, explosive disorder, personality disorder, and borderline intellectual functioning. (DE 18 at 2). Holland does not challenge the ALJ’s consideration of his physical impairments, and thus, the Court will focus on the evidence pertaining to his mental impairments. (DE 18 at 3-8).

A. Holland’s Testimony at the HeaHng

At the hearing, Holland testified that he is a widower and lives alone in a house. (AR 59-60, 70). He had obtained Medicaid benefits two years earlier and was on Medicaid at the time. (AR 60). A friend had driven him to the hearing; Holland drives infrequently because he has difficulty maintaining his right foot on the gas pedal. (AR 60-61). He stated that he had not worked since injuring his shoulder in a fall three or four years earlier. (AR 61). Holland stated that he cannot read or write other than to sign his name, but he can recognize some small, familiar words, including the names of his medications. (NR [1014]*101463-64). On a typical day, Holland gets up at about 10:30 a.m., takes his medication, and then lies back down. (AR 75-76). He spends most of his day sitting or lying down. (AR 76). Holland prepares light meals in the microwave, but his daughter does his housework and most of his shopping and errands. (AR 76-77).

Holland testified that he cannot focus, that he has an explosive temper, and that he cannot be around people. (AR 68). He stated that he isolates himself due to his temper, reporting that he had assaulted three people in the past, including while he was at work. (AR 68, 71). He had not consumed alcohol in the past six months, but previously had been drinking eight beers a day. (AR 69), Since stopping his use of alcohol, Holland has felt much better and .his temper is now mostly under control. (AR 68-71). The last time Holland had assaulted anyone was two-and-a-half years prior to the hearing. (AR 72). He reported that his temper is triggered, at least in part, by his constant shoulder pain. (AR 72). He indicated that his medications help to control his temper and his pain, which he rated on a scale of one to 10 as “a six or a seven” .with medication. (AR 72-73).

B. Summary of the Relevant Medical Evidence

In September 2009, Henry Martin, Ph. D., performed a psychological evaluation and intellectual assessment of Holland at the request of Social Security. (AR 383-87). Holland told Dr. Martin that he had worked for Foster Forbes Glass Company for 22 years. (AR 384). He stated that he spends most of his time at home watching television or sitting outside; a few times each week, he drives to visit his brother or run an errand, (AR 384). He depends on his daughter to help pay his bills, run most errands, and grocery shop. (AR 384), His mood and affect were anxious and depressed. (AR 384). Results of the Wechsler Adult Intelligence Scale, Fourth Edition, revealed a full scale IQ. of 70, a verbal comprehension index of' 70, a perceptual reasoning index of 90, a working memory index of 69, and a processing speed index of 65. (AR 384-85). Dr. Martin’s diagnostic impression was borderline intellectual functioning and a learning disability: verbal language deficits. (AR 385). He found that Holland was capable of managing his own funds. (AR 386).

In June 2010, Holland was evaluated at the Grant Blackford Mental Health agency, stating that he was seeking medications and disability benefits for his depression and other mental health issues. (AR 388-93). A mental status exam revealed a cooperative attitude, depressed mood, tearful affect, paranoid thought content, circumstantial thought process, normal cognition, below average intelligence, poor insight, agitated psychomotor, no suicidal thoughts, and no present violent or homicidal thoughts. (AR 391). Holland reported difficulty concentrating on tasks, poor memory recall, intermittent irritability, some difficulty making decisions, paranoid thoughts, obsession with cleanliness, poor writing skills, limited reading skills, and poor sleep. (AR 392). He was taking Zoloft, which was somewhat helpful. (AR 392). He reported difficulty going out in public, that he feels overwhelmed, that he has panic attacks almost daily, and that he tends to isolate himself. (AR 391-92). During the evaluation, Holland had difficulty focusing, became confused at times, and required redirection. (AR 392). He was assigned a Global Assessment of Functioning (“GAF”) score of 50 and diagnosed with adjustment disorder with mixed anxiety and depression mood, and post traumatic stress disorder.4 (AR 391-92).

[1015]*1015In July 2010, Holland returned to Grant Blackford Mental. Health. (AR 395).

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Bluebook (online)
195 F. Supp. 3d 1011, 2016 WL 3901365, 2016 U.S. Dist. LEXIS 93628, Counsel Stack Legal Research, https://law.counselstack.com/opinion/holland-v-commissioner-of-social-security-innd-2016.