Maribel Lara v. Commissioner of Social Security

705 F. App'x 804
CourtCourt of Appeals for the Eleventh Circuit
DecidedJuly 21, 2017
Docket16-16247 Non-Argument Calendar
StatusUnpublished
Cited by8 cases

This text of 705 F. App'x 804 (Maribel Lara v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Maribel Lara v. Commissioner of Social Security, 705 F. App'x 804 (11th Cir. 2017).

Opinion

PER CURIAM:

Maribel Lara appeals the district court’s order affirming the Commissioner of Social Security’s decision denying her application for supplemental social security income benefits. On appeal, Lara argues that the Commissioner improperly denied her benefits because the Administrate Law Judge (“ALJ”) erred by failing to assign weight to the opinions of several treating physicians found in their notes; assigning less than controlling weight to the opinion of her treating psychiatrist; finding her statements about the intensity, persistence, and limiting effects of her symptoms not credible; and improperly evaluating the extent of her limitations for purposes of determining whether her mental impairments satisfied a listing and her residual functional capacity. After careful consideration, we affirm the district, court’s judgment in favor of the Commissioner.

I. FACTUAL BACKGROUND

In July 2011, Lara applied for benefits on the basis that she was unable to work because of her bipolar disorder, high blood pressure, lupus, and arthritis. Although Lara originally claimed that the onset date of her disability was November 2010, she later amended the date-to July 2011. Lara requested and received a hearing before an ALJ.

A. The ALJ Hearing

At the hearing, the ALJ heard testimony from Lara and also reviewed her medical records. 1 Lara testified that she last worked as a caregiver but was unable to remember when she last worked or how long she had worked as a caregiver. Lara told the ALJ that she was unable to work *807 because she was very depressed. She stated that because of her depression, she was unable to eat or bathe. She described one instance when she stayed in her bed for 16 days, stating that she had difficulty waking up and wanted only to take pills. Lara testified that her psychiatrist prescribed medication, which did not work.

Lara described her daily routine to the ALJ. She stated that she had forgotten how to cook and was unable to clean. She testified that all she wanted to do was sleep but was unable to answer how much time she slept each day. She told the ALJ that she unable to watch television or drive. She stated that her only hobby was spending time with her daughter.

Lara was unable to answer many of the ALJ’s questions because she claimed she could not remember. She could not remember whether she completed her disability forms herself, the name of her treating doctor, 2 when she became a United States citizen, or the amount of food stamps she received each month.

In addition to Lara’s testimony, the ALJ also reviewed a report of a statement Lara gave when she applied for benefits. At that time, Lara described her problems as primarily physical in nature. She reported that she was able to drive but recently had received multiple tickets for not paying attention to traffic rules. She stated that she was able to attend church, read, and watch television, and she reported having a few friends. She indicated that she cooked several times a week but needed assistance and was able to do laundry or wash dishes if she divided the tasks into stages. She also reported taking three hour naps due to fatigue and having problems concentrating because of her physical pain.

The ALJ also reviewed medical evidence regarding Lara’s mental and physical impairments. The evidence about her mental condition included materials from psychiatrist Dr. Berta Guerra, who treated Lara from June 2010 through January 2013. Guerra diagnosed Lara with bipolar disorder not otherwise specified, psychotic disorder not otherwise specified, cognitive disorder, and generalized anxiety disorder. Guerra prescribed Lara medication and saw her once a month for medication management appointments.

Guerra’s notes from these appointments reflect that Lara regularly reported feeling better and less depressed and denied having mood swings or psychotic episodes. Lara reported experiencing mild mood swings at only three appointments. She also frequently stated to Guerra that she was sleeping well or that her insomnia was improving. She described hearing voices at one appointment but otherwise denied experiencing hallucinations. Guerra’s notes do reflect that at times Lara was forgetful.

Guerra prepared two reports about Lara’s mental impairments. In a July 2011 Treating Source Mental Status Report, she opined that Lara was unable to work because of her depression, anxiety, psychosis, and mood swings. She described Lara’s recent memory and concentration as poor. She also reported that Lara experienced auditory hallucinations daily.

In a February 2013 Medical Assessment of Ability to Do Work-Related Activities (Mental) form, Guerra opined about Lara’s abilities to perform work-related activities on a daily basis in a regular work setting. Guerra found that Lara had no ability to follow work rules, deal with the public, use judgment, deal with work stress, functional *808 independently, maintain attention or concentration, carry out simple job instructions, behave in a stable manner, relate predictably in social' situations, or demonstrate reliability. Guerra explained that Lara had these limitations because she suffered from severe mood swings, paranoid delusions, and anxiety, which' left her unable to handle stress and caused her to decompensate easily. She also noted Lara’s poor concentration and memory. She further indicated that Lara lacked the ability to manage her own benefits.

The record also included assessments of Lara’s residual functional capacity from two consultative state agency examiners. After reviewing Lara’s records, each examiner opined that Lara had limitations in her understanding and memory, concentration and persistence, social interaction, and adaptation. But ultimately each examiner concluded that Lara was no more than moderately limited in these areas.

Lara also submitted medical evidence' regarding her physical condition, including evidence showing that she suffered from leukopenia, meaning she had a reduced number of white blood cells; gallstones; a fibroid tumor in her uterus; high blood pressure; back pain; and headaches.

The medical records showed that Lara suffered from chronic leukopenia. In September 2010, a treating physician, after noting the diagnosis, ordered additional testing including a bone marrow biopsy, which came back normal. In September 2011, Lara was treated by a hematologist who noted that she had a low level of white blood cells but concluded that her condition was benign and no treatment was. needed.

The medical records also reflect that Lara suffered from gallstones. In August 2011, she complained to her physician about abdominal pain and was diagnosed a few months later with cholelithiasis, meaning she had gallstones. Based on this diagnosis and her ongoing intolerance to fatty foods, Lara’s physician recommended surgery to remove her gallbladder. It is unclear from the record whether she had this surgery.

Lara’s medical records also show that she had a fibroid tumor in her uterus and ovarian cysts. The ultrasounds showed that the tumor increased in size over time.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
705 F. App'x 804, Counsel Stack Legal Research, https://law.counselstack.com/opinion/maribel-lara-v-commissioner-of-social-security-ca11-2017.