Martin v. Commissioner, Social Security Administration

61 F. App'x 191
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 9, 2003
DocketNo. 02-5464
StatusPublished
Cited by10 cases

This text of 61 F. App'x 191 (Martin v. Commissioner, Social Security Administration) 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
Martin v. Commissioner, Social Security Administration, 61 F. App'x 191 (6th Cir. 2003).

Opinions

SARGUS, District Judge.

Plaintiff-Appellant Robin Q. Martin appeals the denial of Social Security disability benefits. Martin filed an application with the Defendant-Appellee, Commissioner of Social Security for disability insurance benefits pursuant to 42 U.S.C. § 405(g), on July 1,1998. On December 9, 1999, the Administrative Law Judge (“ALJ”) denied Plaintiffs request for benefits. On November 16, 2001, the Appeals Council denied Plaintiff’s request for review of the ALJ’s decision. On March 29, 2002, the district court affirmed the ALJ’s denial of benefits. On June 6, 2002, Defendant filed a motion to remand, which Plaintiff opposes.

For the reasons that follow, the motion to remand is DENIED and the decision of the district court is REVERSED.

I.

Plaintiff Martin was bom on June 11, 1956. She graduated from high school in 1974. Plaintiff took correspondence insurance courses from 1984 to 1986 and completed one semester of college at the University of Memphis in 1997. Plaintiff is a single mother of one child who is six years old. Plaintiff was employed most recently as an insurance sales representative and sales manager. Plaintiff last worked on July 12, 1995, the date identified as the onset of disability. Plaintiff seeks benefits for disability based on the following: bipolar disorder, panic disorder, depression, frequent severe headaches, irritable bowel syndrome and post-traumatic stress disorder. (Tr. at 74).

Since 1990, Plaintiff has been treated by psychiatrist Radwan F. Haykal, M.D., for psychiatric conditions including bipolar and post-traumatic stress disorders. According to Dr. Haykal, the diagnosis of bipolar disorder is attributed to Plaintiffs history of depressive episodes, characterized by social withdrawal and negative thoughts, together with manic or hypo-manic behavior during which Plaintiff becomes aggressive and overbearing. (Tr. at 5-7; 9-10). Plaintiff takes a combination of anti-depressants and mood stabilizers to treat the bipolar disorder. The medications contribute to Plaintiff having problems with sleep. (Tr. at 23). Plaintiffs post-traumatic stress disorder derives from a history of sexual and physical abuse. (Tr. at 12-13).

Dr. Haykal hospitalized Plaintiff in July 1995 due to her increasing depression and anxiety. (Tr. at 15). Plaintiff was under extreme stress at work and her depression contributed to an inability to handle her employment duties. (Id). Plaintiffs job required her to be attentive and alert: Plaintiff was unable to sustain her concentration. (Tr. at 26). Further, Plaintiff would often become extremely edgy and [193]*193irritable. Plaintiff was not able to handle stress in any form. (Tr. at 27).

According to Dr. Haykal, Plaintiff satisfied Listing 12.04, A and B, Affective Disorder.1 With respect to Part A. Plaintiff [194]*194has difficulty concentrating and sleeping: she has decreased energy: and she has feelings of worthlessness. As to part B, Plaintiff has difficulties in maintaining social functioning and has repeated episodes of deterioration and decompensation. (Tr. at 21). Dr. Haykal opined that Plaintiff would not be able to work for any sustained period of time. (Tr. at 28). According to Dr. Haykal, Plaintiffs condition will persist over the next twelve months. (Id.).

Plaintiffs Global Assessment Functioning (“GAF”)2 scores during the period she was treated by Dr. Haykal ranged from a low of 58 to a high of 70.3

January 1995 70 June 1997 65

May 1995 66 September 1997 63

August 1995 60 October 1997 58

September 1995 66 November 1997 63

October 1995 66 January 1998 63

December 1995 61 July 1998 60

January 1996 65 August 1998 67

May 1996 66 October 1998 63

June 1996 61 December 1998 70

August 1996 66 February 1999 64

October 1996 66 March 1999 59

May 1997 66

(Tr. at 403A—412).

In 1998, Wally Jurasehka, Ph.D., began treating Plaintiff for post-traumatic stress disorder, specifically to “help her gain understanding and control of erratic mood swings, temper outbursts, agitation, depression and inconsistent sleep patterns.” (Tr. at 307). According to Dr. Jurasehka, Plaintiff “is capable of understanding what is going on around her, [but] sustained concentration is a problem due to emotional influences and social interaction is also influenced by mood swings and temper outbursts. This clearly affects her ability to adapt to new situations and effectively cope with routine stress.” (Id.). As of December 1998, Plaintiff was still influenced by mood swings and problems with sustained concentration, social interaction and adaptation. (Tr. at 306).

Dr. Jurasehka testified on deposition in March 1999 that Plaintiff satisfied Parts A and B of Listing 12.06—Anxiety Related Disorders, supra. According to Dr. Juraschka, Plaintiff is driven by fear and apprehension, which symptoms stem from memories of sexual assault by her father. (Tr. at 337). Dr. Jurasehka characterized Plaintiffs case as severe. (Id.). As to tasks of daily living, Dr. Jurasehka noted that Plaintiff cares for herself appropriately but has trouble cooking and preparing meals. (Tr. at 345). Further, she stays in bed a lot because she feels overwhelmed, wiped out and depressed by tasks such as preparing meals and being attentive to her daughter’s homework. (Tr. at 346). Plaintiff does not have any friends and her only social interaction is through Alcoholics Anonymous meetings. (Tr. at 349). [195]*195Dr. Juraschka opined that Plaintiff is not able to tolerate stress in a normal work environment. (Tr. at 347). Further, Plaintiffs medications prevented her from working because the medications affect her sleep and rest. (Tr. at 359-60). Dr. Juraschka believed that Plaintiff will require treatment for at least another year. (Tr. at 358; 362).

In September 1998, Plaintiff underwent a consultative psychological examination by Floyd Covey, Ph.D. (Tr. at 234). Dr. Covey noted that Plaintiffs medication regime, which at the time consisted of Depakote, Synthroid, Neurontin and Effexor, was closely monitored. (Tr. at 235). Dr. Covey characterized Plaintiff as having a fair level of initiative as to tasks of daily life but noted that the same is affected by her mood swings. (Id.). Dr. Covey noted that Plaintiff exhibited social withdrawal and that, due to her emotional disturbances, she would have difficulty concentrating in a group environment. (Tr. at 237-38). Plaintiff scored a 29 out of 30 possible points on a mini-mental status examination administered by Dr. Covey. (Tr. at 237).

On September 24, 1998, consulting physician Lewis I. Loskovitz, M.D., examined Plaintiff. (Tr. at 253). Dr. Loskovitz noted that Plaintiff suffered from chronic depression and spells of mania. Plaintiff reported that due to her depression, she cries and sleeps mostly during the day. (Tr. at 253). Plaintiff presented to Dr. Loskovitz with complaints of daily headaches, stomach pain and irritable bowel syndrome. (Id.). Dr. Loskovitz diagnosed Plaintiff with manic depression disorder, severe; asthma; peptic ulcer disease; irritable bowel syndrome; chronic back pain; and degenerative disc disease. (Tr. at 254). In 1995, Plaintiff was diagnosed with abdominal pain, irritable bowel syndrome, weakness and fatigue. (Tr. at 205).

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61 F. App'x 191, Counsel Stack Legal Research, https://law.counselstack.com/opinion/martin-v-commissioner-social-security-administration-ca6-2003.