Juliette Karger v. Commissioner of Social Security

414 F. App'x 739
CourtCourt of Appeals for the Sixth Circuit
DecidedFebruary 10, 2011
Docket09-4332
StatusUnpublished
Cited by19 cases

This text of 414 F. App'x 739 (Juliette Karger v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Juliette Karger v. Commissioner of Social Security, 414 F. App'x 739 (6th Cir. 2011).

Opinion

PAUL L. MALONEY, Chief District Judge.

For the reasons that follow, we REVERSE the district court, vacate the ALJ’s decision, and remand this case to the ALJ for further consideration. On remand, the ALJ must provide a much *740 fuller opinion which specifies the weight given to each medical source’s opinion— particularly treating psychologist Dr. Dana Watts, Ph.D., and treating physician Dr. Thomas Thysseril, M.D.—adequately explains the relative “weight” determinations, reflects a careful consideration of the medical evidence as a whole, and bases its residual functional capacity (RFC) assessment on such expressed consideration.

I.

Juliette Karger (“Karger”) was born in 1982, was sixteen years old at the time of the alleged onset of disability in 1998, and was twenty-four years old at the time of the ALJ hearing in 2006. See Tr 53. Kar-ger earned a high-school general equivalency degree (“GED”), Tr 65 and 89, but she has no past relevant work experience, Tr 20 and 56-57.

Karger was admitted to the hospital for psychiatric emergency on December 15, 1998 and remained there until December 23, 1998. See Tr 124-159. Dr. DeoGraci-as, M.D., diagnosed bipolar disorder-most recent episode of depression without psychotic features, “rule out” attention deficit disorder, and possible borderline personality disorder, and assigned a Global Assessment of Functioning (“GAF”) score of only ten. 1 See Tr 124-26. During this hospitalization, Dr. DeoGracias noted that Kar-ger had increasingly been cutting herself and contemplating suicide, and she noted psychomotor retardation; anxious, sad and depressed mood; a slightly flat affect; a history of visual hallucinations; thoughts of suicide, and poor concentration and judgment. See Tr 124-26.

Over three years later, on January 8, 2002, Dana Watts, Ph.D., responded to a state disability questionnaire, opining that Karger had good or very good ability to make occupational adjustments, good ability to make performance adjustments, very good or good ability to make personal-social adjustments, and only a fair ability to persist in work activity. See Tr 164-65. Dr. Watts’s January 2002 report opined that Karger had the intellectual ability to perform, but “emotional stress, conflict, high pressure situation, critical supervisor, and physically demanding job would interfere with her ability to perform job tasks.” Tr 164-65. Dr. Watts assigned a GAF score of 39, which indicates some impairment in reality testing or communication, or major impairments in several areas such as work, school, family relations, judgment, thinking, or mood. See DSM at 32.

Four months later, on May 6, 2002, Kar-ger entered a residential treatment program at Gould Farm and was diagnosed with bipolar disorder II and rapid cycling, and received a GAF score of 45, Tr 213-14, a score which indicates serious symptoms or serious impairment in social, occupational, or school functioning, see DSM at 32. During the Gould Farm residential program, Karger received care from psychiatrist Dr. Stuart Bartle, M.D., and supervision from Tamsin Trelawny-Ross, Tr 213-14. Dr. Bartle conducted a psychiatric evaluation on May 9, 2002, noting that Karger had been hospitalized at age 16 for depression and had had obsessive-compulsive disorder symptoms before that; had OCD symptoms such as picking at her face, rumination, obsessive thoughts, non-repetitive checking, and worrying a great deal about something not being right; and had no experience with drugs except marijuana on one occasion. See Tr 210-11. *741 Dr. Bartle diagnosed bipolar disorder II, rapid cycling, ADD, and OCD, and assigned GAF 45, see Tr 211.

While Karger was in the Gould Farm residential program, treating source Dr. Watts completed two questionnaires for the State, see Tr 175-182. Dr. Watts’ May 2002 questionnaire stated that although Karger’s mood and affect were normal at that time due to psychotropic medication, her “obsessive ideation and compulsive behavior increase when anxious and under stress”, Tr 175. Karger again reported no drug or alcohol abuse, Tr 175. Dr. Watts diagnosed bipolar disorder, OCD, ADD, and circadian rhythm sleep disorder, Tr 176. Watts noted that Karger’s attention and concentration diminished during bipolar episodes, which were currently controlled with medication, Tr 176. Watts further opined that Karger was unable to carry out age-appropriate tasks such as waking in the morning, driving a car, going to school, and budgeting and managing her finances, and that she “may experience increased anxiety and attention problems, especially if the work situation involves conflict.” Tr 176 and 179-80. Watts noted that Karger’s parents had to handle her financial affairs, give her a ride when she needed one, and help with transportation, shelter and independence skills, because she had periods when she was distracted and unfocused and had trouble completing tasks in a timely manner or at all, particularly when feeling anxious, Tr 180-81. Dr. Watts also found that Karger’s social functioning had “drasticfallyj” decreased, leaving her with a decreased social network outside her family, Tr 178.

On July 28, 2002, Karger’s residential treatment providers, Dr. Bartle and Ms. Trelawny-Ross, completed a questionnaire for the State disability agency. Noting that Karger had left college because of her symptoms and had been unable to work since then, Dr. Bartle and Ms. Trelawny-Ross stated that Karger would remain at Gould Farm for the foreseeable future because her OCD symptoms, depression, anxiety, and low self-esteem were interfering with her daily living activities, her ability to work, and her ability to complete college courses. She was unable to become and remain motivated, and was unable to complete tasks such as reading, studying, or caring for herself, in a timely manner. Tr 183-84. Dr. Bartle and Ms. Trelawny-Ross opined that Karger could sustain concentration and attention for extended periods “with support, e.g., while working in a supportive work program,” Tr 184, which she was doing thiRty hours per week, Tr 186. Bartle and Trelawny-Ross opined that Karger had good social skills but that her hypersensitivity to perceived criticism, which was caused by her depression and anxiety, inhibited her relationships. They believed that Karger could use public transportation if she had support in planning, becoming familiar with the transit system, and first using the system. Tr 184. Although Bartle and Trelawny-Ross found that the routine stress of changes or critical feedback had a “high impact” on Karger, they concluded that her prognosis was “fair/good”, Tr 184-85. The Bartle/Trelawny-Ross questionnaire opined that Karger

can not hold a competitive job at this point. She needs more work around the depression, OCD, and anxiety. ADD would also play a part in her inability to work, as it would become more eviden[t] when her other symptoms are under control.

Tr 186. Three days later, on August 1, 2002, Dr. Bartle reported that although Karger was generally doing well in treatment and was hoping to be admitted to an OCD program at McLean Hospital, her habit of picking at her face, which had receded somewhat, was now increasing slightly. See Tr 212.

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