Houpy v. Saul

CourtDistrict Court, N.D. Illinois
DecidedJuly 14, 2021
Docket1:20-cv-04600
StatusUnknown

This text of Houpy v. Saul (Houpy v. Saul) is published on Counsel Stack Legal Research, covering District Court, N.D. Illinois primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Houpy v. Saul, (N.D. Ill. 2021).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF ILLINOIS EASTERN DIVISION STEPHANIE H.,1 ) ) Plaintiff, ) No. 20 C 4600 ) v. ) Magistrate Judge Jeffrey Cole ) COMMISSIONER OF SOCIAL ) SECURITY, ) ) Defendant. ) MEMORANDUM OPINION AND ORDER Plaintiff applied for Disability Insurance Benefits and Supplemental Security income under Titles II and XVI of the Social Security Act (“Act”), 42 U.S.C. §§416(I), 423, 1381a, 1382c, almost five years ago. (Administrative Record (R.) 283-292). She claimed that she has been disabled since May 15, 2012, due to post traumatic stress disorder, borderline personality disorder, depression and anxiety, insomnia, and agoraphobia. (R. 322). Over the next three and a half years, plaintiff’s application was denied at every level of administrative review: initial, reconsideration, administrative law judge (ALJ), and appeals council. It is the ALJ’s decision that is before the court for review. See 20 C.F.R. §§404.955; 404.981. Plaintiff filed suit under 42 U.S.C. § 405(g) on August 5, 2020. The parties consented to my jurisdiction pursuant to 28 U.S.C. § 636(c) on September 24, 2020. [Dkt. #6]]. Plaintiff asks the court to reverse and remand the Commissioner’s decision, while the Commissioner seeks an order affirming the decision. 1 Northern District of Illinois Internal Operating Procedure 22 prohibits listing the full name of the Social Security applicant in an Opinion. Therefore, the plaintiff shall be listed using only their first name and the first initial of their last name. I. A. Plaintiff was born on June 23, 1989, making her just 22 years old when she alleges she became unable to work. (R. 283). In her young working life, from 2006 through 2016, she’s had

a few jobs, working as a nurse’s assistant, in retail, and at an auto parts warehouse in distribution. (R. 329). She claimed that her depression either kept her in bed all day, or she didn’t sleep. She got angry for no reason at all, and she did not like “large” crowds, which she defined as more than three people. (R. 101). Her medications made her sleepy, but they did help – although she still had bad days four days a week. (R. 112). She said she had to quit her job before she was fired because she took off so many days because of depression and anxiety and PTSD. (R. 103). At another point in

the record, she claimed she quit because she got mad. (R. 564). She started to look for work, but decided there was nothing she could do (R. 103). She said she was 5'2" and 222 pounds (R. 104). She was a smoker and used marijuana regularly. (R. 773, 899, 900, 907, 947). The medical record in this case is, as these records generally are, fairly large. It spans a seven-year period, from 2012 through 2019, and covers about 900 pages. Much of that evidence, as it generally is, is irrelevant or does not indicate that plaintiff is unable to work. Indeed, the plaintiff focuses on treatment notes covering only about two weeks of the seven years. [Dkt. #14, at 3-4]. That’s understandable, because it has to be said that throughout much of the record,

psychiatric notes are unremarkable. On July 12, 2016, plaintiff sought a medication refill. It was noted she had a history of depression and past suicide attempts, but symptoms were controlled and much improved. (R. 739). 2 Mood, affect, behavior, judgment and thought content were all observed to be normal. (R. 740). On September 8, 2016, plaintiff sought treatment at Sinai Psychiatry & Behavioral Health indicating that her medications were no longer effective. (R. 508). She was taking Lexapro, Buspar, Klonopin, and Trazadone. (R. 509). She reported symptoms of depressed mood, elevated mood, decreased

pleasure, “zoning out”, crying spells, and fatigue. (R. 508). She reported passive suicidal ideation two weeks prior, and an attempt four years prior. (R. 508). She reported that she was abused as a child. (R. 510). The loss of her father was significant to her. (R. 510). Upon examination mood was dysphoric, affect was sad, speech was slow, thought process was logical. She was attentive and fund of information was adequate. (R. 513). She appeared sleepy. (R. 513). Diagnosis was “other bipolar disorder.” (R. 515). On September 21, 2016 exam was essentially normal: normal mood and affect, normal behavior, normal judgment and thought content. (R. 643).

On September 28, 2016, plaintiff went to the Pilsen Wellness Center, reporting symptoms of anxiety and depression, with brief manic episodes. (R. 526). Alcohol and/or drug use were noted to be issues with treatment. (R. 531). Plaintiff was working part-time on the sales floor of a large retail store. (R. 533). Contrary to her report earlier in the month, plaintiff claimed that she was taking no prescription medication for her symptoms. (R. 535-36). Plaintiff related that her mother had been physically and emotionally abusive. (R. 539). She lived with her sister, her boyfriend, and their child; the arrangement was comfortable and supportive. (R. 540). Upon examination, attention was appropriate, mood was depressed and anxious, affect was appropriate, thought process was

logical, perception was normal, judgment was fair, memory was intact, insight was good. (R. 543). Symptomology was consistent with bipolar disorder with moderate anxious distress. (R. 549). A sixth month treatment plan was established, including monthly case management and community 3 support, and weekly individual therapy. (R. 553). On December 13, 2016, plaintiff’s mood, affect, behavior, judgment, and thought content were all observed to be normal. (R. 748). Depression was controlled with medication, and anxiety was much improved. (R. 747). On January 11, 2017, plaintiff went in for medication management.

Her mood was sad and her affect blunt, but memory, attention and concentration were normal, thought was logical and linear, and insight and judgment were fair. (R. 785-86). On January 18, 2017, plaintiff underwent a consultative psychological examination in connection with her application for benefits. (R. 558-561). Plaintiff appeared disorganized, but grooming was good, speech was soft, eye contact was good. (R. 558). Plaintiff reported an extensive history of trauma and, contrary to her visits with her treatment providers, claimed she was abused by both her mother and father. (R. 558). Plaintiff said she was undergoing intensive psychotherapy with a possible

transition to a partial hospitalization program. (R. 559). She said she was sober, but had a long history of illegal drug use. (R. 559). She was sometimes tearful. (R. 560). Thought process was linear and goal-oriented. Orientation was normal, immediate memory was intact. Recent and remote memory were intact. Fund of knowledge was adequate. (R. 560). The examiner diagnosed plaintiff with chronic and persistent PTSD, major depressive disorder, recurrent, moderate, and substance abuse dependence in remission. (R. 561). From March 15-17, 2017, plaintiff was hospitalized at Sinai Hospital for depression and suicidal ideation. (R. 708, 777). Plaintiff alleged to have taken pills and was brought in by her

boyfriend. (R. 689). Plaintiff wanted additional medications and became angry when she was denied them. (R. 689). Plaintiff denied any previous hospitalizations. (R. 689). Drug screen was positive for opioids and benzodiazepines. (R. 690). Mood was depressed, affect was irritable, 4 attention and concentration were fair, insight and judgment were poor. (R. 690).

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Houpy v. Saul, Counsel Stack Legal Research, https://law.counselstack.com/opinion/houpy-v-saul-ilnd-2021.