Johnson v. Commissioner of Social Security

193 F. Supp. 3d 836, 2016 U.S. Dist. LEXIS 77983, 2016 WL 3280382
CourtDistrict Court, N.D. Ohio
DecidedJune 15, 2016
DocketCase No. 1:15 cv 00691
StatusPublished
Cited by19 cases

This text of 193 F. Supp. 3d 836 (Johnson v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Johnson v. Commissioner of Social Security, 193 F. Supp. 3d 836, 2016 U.S. Dist. LEXIS 77983, 2016 WL 3280382 (N.D. Ohio 2016).

Opinion

OPINION AND ORDER

Dan Aaron Polster, United States District Judge

Plaintiff Nichelle Johnson (“Plaintiff’) challenges the final decision of Defendant Commissioner of Social Security (“Commissioner”), denying her application for Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act, 42 U.S.C. § 1381 et seq. (“Act”). For the reasons set forth below, the Commissioner’s final decision is reversed and this matter is remanded for further proceedings.

I. Procedural History

On May 31, 2012, Plaintiff filed her application for SSI, alleging disability due to depression, bipolar disorder, schizophrenia, and rheumatoid arthritis. (Doc. 111 at 137-42). The claims were denied initially and upon reconsideration, and Plaintiff requested a hearing before an administrative law judge (“ALJ”). On October 21, 2013, an ALJ held a hearing on Plaintiffs claims. (Tr. 28-57). Plaintiff participated in .the hearing, was represented by counsel, and, testified. (Id.) A vocational expert also testified. (Id.). On November 13, 2013, the ALJ issued a notice of decision - Unfavorable. (Tr. 11-27). On February- 24, 2015, the Appeals Council declined to review the ALJ’s decision, and the ALJ’s decision became the Commissioner’s final decision. (Tr. 1-6).

On April 8, 2015, Plaintiff filed a complaint challenging the Commissioner’s final decision. (Doc. No. 1.). The parties have completed briefing in this case.2 Plaintiff asserts one assignment of error, to wit, that the ALJ erred by failing to grant appropriate weight to the opinions of Plaintiffs treating and examining physicians.

II. Evidence

A. Personal and Vocational Evidence

At the time of the administrative hearing, Plaintiff was forty-four years old. She [839]*839attended school throügh the ninth grade and later obtained a GED. (Tr. 36). Plaintiff is divorced and lives with a nine-year-old child. (Tr. 37). Plaintiff testified that she last worked as a baby sitter in the year 2000. (Tr. 38).

B. Medical Evidence

1. Mental Health History and Treatment

a.Connections Health and Wellness

On November 2, 2010, Plaintiff underwent a psychiatric evaluation at Connections Health and Wellness. (Tr. 270-71). The record indicates that she was well-groomed and logical and did not display any signs of aggression, delusions, or hallucinations. (Tr, 271). The evaluator noted that Plaintiff had previously sought treatment for bipolar disorder and psychosis in 2006 and that she had been receiving treatment since she was 17 years old. (Tr. 270). Plaintiff reported feeling stressed and irritable. (Id.). The evaluator diagnosed bipolar disorder with psychotic features, cocaine dependence in remission, and cannabis abuse. (Tr. 272). It was noted that she had multiple severe psychosocial stressors, and a GAF score of 60 was assigned. (Id.). She was given a prescription for medication and told to follow-up in four to six weeks. (Tr. 273).

b.Dr. Joseph Konieczny

The record does not indicate that Plaintiff followed-up for treatment after that appointment. However, the following year on August 11, 2011, Plaintiff presented to J. Joseph Konieczny, Ph.D., for a psychological evaluation in connection with her application for SSI. (Tr. 196-200). Plaintiff reported to Dr. Konieczny that she had difficulties controlling her temper. (Tr. 196-98). Dr. Konieczny noted that she was cooperative, maintained appropriate eye contact, and showed no indications of undue impulsivity. (Id.). Plaintiff also reported mood swings and described a diminished level of motivation. (Tr. 197). She reported some past thoughts and attempts of suicide, but she denied any such thoughts recently. (Tr. 198). Plaintiff stated that she had a history of auditory hallucinations, but she indicated she had not had these episodes since she started taking her medication. (Id.). Plaintiff was reportedly oriented for person, place, and time. (Id.). Her ability to concentrate and to attend to tasks showed no indications of impairment. (Id.). She was able to perform a serial three subtraction task without error. (Id.). She was able to recall three out of three objects after a period of five minutes. (Id.). She was able to spell the word “world” backwards. (Id.). .She showed no deficits in her general fund of information and no deficits in her ability to perform logical abstract reasoning. (Id.).

Dr. Konieczny diagnosed schizoaffective disorder, depressive type. (Tr. 199). It was noted that Plaintiff had a history of treatment for bipolar disorder, but that she did not appear to have consistently exhibited symptoms that would indicate manic or hypomanic episodes. (Id.). It was Dr. Kon-ieczny’s opinion that Plaintiff would have difficulty maintaining focus and persistence, particularly in multi-step tasks, due to depressive symptoms and occasional psychotic symptoms. (Id.). He indicated that theses symptoms also caused her to have poor coping skills and difficulty in a supervision situation. (Id.). Dr, Konieczny further opined that, because of her limited coping skills and a diminished tolerance for frustration, Plaintiff would be vulnerable to even mild pressures in a work setting. (Id.). Dr. Konieczny assigned Plaintiff a Globaf Assessment of Functioning (GAF) score of 60, indicating serious limitations. (Tr. 200).

c.Dr. Sylvester Smarty

On March 13, 2012, Plaintiff began treatment with Sylvester Smarty, M.D. [840]*840(Tr. 226). During that appointment, Plaintiff reported being moody most days (Tr. 224), but that her mood had been good and that she was feeling better on the day of her visit. (Tr. 226).

On May 22, 2012, Plaintiff told Dr. Smarty that she had been having headaches but denied any psychosis. (Tr. 224). Dr. Smarty observed that Plaintiff was well-groomed and dressed appropriately with normal speech; that her thought process was concrete; that she denied any visual or auditory hallucinations; that she was uncooperative and sullen, not answering questions, but that she showed good cognition, insight, and judgment. (Id.). Dr. Smarty reported that Plaintiff was unhappy, with angry and constricted affect. (Id.)

On May 29, 2012, Dr. Smarty reported that Plaintiffs condition improved and her mental status and thought process were normal. (Tr. 264). She reportedly had no delusions or obsessions, and she was calm and cooperative with good insight and judgment. (Tr. 264). On May 29, 2012, Plaintiff reported poor sleep, depressed mood and more irritability. (Tr. 222). Dr. Smarty increased Plaintiffs dosage for Se-roquel and Wellbutrin. (Tr. 223).

On July 24, 2012, Plaintiff reported to Dr. Smarty that her mood was improving and that she Had not experienced any hallucinations or paranoid beliefs “in a long time.” (Tr. 262). On September 18, 2012, Plaintiff reported that she was “so-so,” that her mood was “jacked-up,” and that she was noncompliant with her meds. (Tr. 260). Dr. Smarty continued Plaintiffs Se-roquel and Wellbutrin and continued to offer supportive therapy. (Tr. 261).

In November 2012, Plaintiff told Dr.

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193 F. Supp. 3d 836, 2016 U.S. Dist. LEXIS 77983, 2016 WL 3280382, Counsel Stack Legal Research, https://law.counselstack.com/opinion/johnson-v-commissioner-of-social-security-ohnd-2016.