Lill v. Astrue

812 F. Supp. 2d 95, 2011 U.S. Dist. LEXIS 108627, 2011 WL 4431145
CourtDistrict Court, D. Massachusetts
DecidedSeptember 23, 2011
DocketCivil Action No. 10-10697-WGY
StatusPublished
Cited by3 cases

This text of 812 F. Supp. 2d 95 (Lill v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Lill v. Astrue, 812 F. Supp. 2d 95, 2011 U.S. Dist. LEXIS 108627, 2011 WL 4431145 (D. Mass. 2011).

Opinion

MEMORANDUM OF DECISION

YOUNG, District Judge.

I. INTRODUCTION

The plaintiff, Madeleine Lili (“Lili”), brings this action pursuant to section 205(g) of the Social Security Act, 42 U.S.C. § 405(g), seeking judicial review of the final decision of the Commissioner of Social Security (the “Commissioner”). Lili challenges the decision of the Administrative Law Judge (the “hearing officer”) denying her application for Supplemental Security Income (“SSI”) benefits and Social Security Disability Insurance (“SSDI”) benefits. She argues that the Commissioner’s decision was not based on substantial evidence, specifically claiming that the hearing officer’s assessment of her residual functional capacity was improper because he afforded too little weight to her subjective complaints and too much weight to the opinion of the medical expert. Pl.’s Mem. L. Supp. Reversal Comm’r Denial Benefits (“Lili Mem.”) 12-20, ECF No. 18. Lili requests that this Court reverse the decision of the Commissioner and remand the case to the Commissioner. Id. at 1. The Commissioner filed a motion for an order affirming his decision. Def.’s Mot. Affirm Comm’r Decision, ECF No. 19.

A. Procedural Posture

Lili filed for SSI and SSDI benefits on or around October 4, 2007. Admin. R. 105-12. On February 26, 2008, the Commissioner denied both of Dili’s applications. Id. at 52-53, 62-65. Upon request for reconsideration, Dill’s applications were reevaluated and again denied on May 20, 2008. Id. at 54-55. Lili requested an oral hearing, and such hearing took place before hearing officer Barry Best on May 20, 2009. Id. at 19-51. The hearing officer issued a decision unfavorable to Lili on October 30, 2009, stating that Lili was not disabled within the meaning of the Social Security Act from the alleged onset date through the date of the decision. Id. at 4-18.

The hearing officer’s decision was selected for review by the Decision Review Board (the “Board”), but the Board did not complete its review within the prescribed ninety-day period. Id. at 1-3. Consequently, the hearing officer’s decision became the final decision of the Commissioner. Id.; see 20 C.F.R. § 405.420(a)(2). On April 26, 2010, Lill filed the present action with this Court to review the decision of the Commissioner pursuant to 42 U.S.C. § 405(g). See Compl. 1, ECF No. 1.

B. Factual Background

Lill was born on August 1, 1961. Admin. R. 52. She has a high school education and has been employed as a stock control clerk, customer service representative, customer service supervisor, and account clerk. Id. at 16, 39, 149.

[97]*97Lill began receiving mental health counseling as a teenager. Id. at 389. She was treated for bipolar disorder from 1997 to 2006. Id. at 425. In 2007, Lill was treated at Saint Anne’s Hospital in Fall River, Massachusetts, for anxiety, stress reactions, and nonspecific chest pain. Id. at 212-13. She was prescribed Lorazepam and Hydroxyzine HCL. Id. at 213. Dr. John Pedrotty (“Dr. Pedrotty”) began serving as Dili’s primary care physician in July 2007 and through the relevant period. Id. at 261.

From September 2007 to January 2008, Lili received mental health treatment at Tapestry Psychotherapy because she was “having trouble dealing [with] sexual harassment at work.” Id. at 425-29. She reported having nightmares, chest pain, depressed mood, loss of energy, anxiety, and trouble concentrating, among other symptoms. Id. at 426. Lili was diagnosed with bipolar disorder and depression and given a global assessment of functioning (“GAF”) score of 50. Id. at 428.

Lili was admitted to Corrigan State Hospital from October 28 to October 31, 2007, after reporting that she was “hearing voices telling her to hurt herself.” Id. at 215. She presented as depressed, indicated “feeling worthless and hopeless,” and was having thoughts of suicide. Id. Her GAF score was reported as a 32. Id. Lili was discharged after having “rapidly improved.” Id. at 217. Lill’s treating physician noted his skepticism, however, that her hallucinations had gone “from continuous and overwhelming to ‘not a problem’ in three days.” Id. at 218. The doctor stated that her quick change in presentation seemed to occur in response to finding out that “emergency assistance (Welfare), would only pay her a few hundred dollars a month,” leading him to suspect a “possible embellishment of the clinical picture when admitted for secondary gain.” Id.

On November 24, 2007, Lili went to the emergency room at Saint Anne’s Hospital after reportedly attempting suicide. Id. at 411-24. Soon thereafter, on November 28, 2007, Lili again was admitted to Corrigan State Hospital for depression, anxiety, and panic attacks. Id. at 263-66. Upon her discharge on December 6, 2007, Lili had experienced “significant improvement” and was authorized to return to work because Dr. Jose Afonso observed “no evidence of any significant impediment ... and her current duties (stocking and cleaning) [at Kmart] are of low stress....” Id.

In January 2008, Lili overdosed on her psychiatric medications and continued to hear voices telling her to kill herself. Id. at 323-24. By March 2008, Lili was having three to four panic attacks per week but felt that her medication (Lorazepam) helped her and allowed her to return to working ten to twenty-four hours per week. Id. at 353.

During much of this time, from October 3, 2007 to July 16, 2008, Lili also was receiving treatment from Child and Family Services, Inc. Id. at 296-304, 449-60, 464-73. There, she reported frequent panic attacks, difficulty concentrating, sleep disturbances, and loss of appetite. Id. at 297-98. In December 2007 and February 2008, she was diagnosed with bipolar disorder and post-traumatic stress disorder (“PTSD”) and given a GAF score of 45. Id. at 296. On May 1, 2008, Lili reported experiencing more panic attacks due to an increase in her hours at work. Id. at 452. On May 5, 3008, however, Lili reported that her panic attacks had decreased in frequency that week and that she was managing “ok” with working many hours. Id. at 466. On May 28, 2008, Lili reported that she had experienced a “massive” panic attack at work the previous week and took an excess of Lorazepam. Id. at 467. On June 4, 2008, Lili reported that she had [98]*98returned to work after having taken off two-and-one-half weeks because of her increased anxiety levels. Id. at 468. By June 18, 2008, Lili again was reporting an increase in depression, low mood, isolation, and difficulty sleeping; she was given a GAF score of 51. Id. at 471. In July 2008, Lili was fired from her job at Kmart after allegedly stealing $300.00 from the cash register and also was being evicted from her apartment. Id. at 472-73. Lili expressed that she had an urge to “just OD (overdose) on pills” after she was terminated, and she presented as tired with her affect restricted and her mood low. Id.

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Bluebook (online)
812 F. Supp. 2d 95, 2011 U.S. Dist. LEXIS 108627, 2011 WL 4431145, Counsel Stack Legal Research, https://law.counselstack.com/opinion/lill-v-astrue-mad-2011.