McLaughlin v. Colvin

200 F. Supp. 3d 591, 2016 U.S. Dist. LEXIS 101559, 2016 WL 4124226
District Court, D. Maryland·Decided August 3, 2016·No. Civil No. TMD 15-574·Published·Cited by 29 cases

Opinion

MEMORANDUM OPINION GRANTING PLAINTIFF’S ALTERNATIVE ■ MOTION FOR REMAND

Thomas M. DiGirolamo, United States Magistrate Judge

Plaintiff Judith McLaughlin seeks judicial review under 42 U.S.C. § 405(g) of a final decision of the Commissioner of Social Security (“Defendant” or the “Commissioner”) denying her application for disability insurance benefits (“DIB”) under Title II of the Social Security Act. Before the Court are Plaintiff’s Motion for Summary Judgment and alternative motion for remand (ECF No. 14) and Defendant’s Motion for Summary Judgment (ECF No. 17).1 Plaintiff contends that the administrative record does not contain substantial evidence to support the Commissioner’s decision that she is not disabled. No hearing is necessary. L.R. 105.6, For the reasons that follow, Plaintiff’s al-[594] temative motion for remand (EOF No. 14) is GRANTED.

I

Background

Plaintiff was born in 1963, has a high-school education, and previously worked as an administrative assistant. R. at 33, 210-11. Plaintiff protectively filed an application for DIB on November 16, 2012, alleging disability beginning on July 22, 2011, due to, among other impairments, fibromyalgia, migraines, major depressive disorder, anxiety disorder, and panic disorder. R. at 185-86, 206, 209. The Commissioner denied Plaintiffs application initially and again on reconsideration, so Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). R. at 80-120, 125-28. On May 19, 2014, ALJ Stewart Goldstein held a hearing at which Plaintiff and a vocational expert (“VE”) testified. R. at 41-79. On July 31, 2014, the ALJ issued a decision finding Plaintiff not disabled from the alleged onset date of disability of July 22, 2011, through the date of the decision. R. at 18-40. Plaintiff sought review of this decision by the Appeals Council, which denied Plaintiffs request for review on December 31, 2014. R. at 1-6, 14. The ALJ’s decision thus became the final decision of the Commissioner. See 20 C.F.R. § 404.981; see also Sims v. Apfel, 530 U.S. 103, 106-07, 120 S.Ct. 2080, 2083, 147 L.Ed.2d 80 (2000).

On February 27, 2015, Plaintiff filed a complaint in this Court seeking review of the Commissioner’s decision. Upon the parties’ consent, this case was transferred to a United States Magistrate Judge for final disposition and entry of judgment. The case subsequently was reassigned to the undersigned. The parties have briefed the issues, and the matter is now fully submitted.

II

Summary of Evidence

A. State Agency Medical Consultants

On April 9, 2013, a state agency consultant, Richard K. Lyon, Ph.D., using the psychiatric review technique (“PRT”) under 20 C.F.R. § 404.1520a, evaluated Plaintiffs mental impairments under Listings 12.04 and 12.06 relating to affective disorders and anxiety-related disorders (R. at 88-90). See 20 C.F.R. pt. 404, subpt. P, app. 1, §§ 12.04, 12.06. Dr. Lyon opined that, under paragraph B of the applicable listings, Plaintiffs mental impairments caused her to experience (1) mild restriction in activities of daily living; (2) mild difficulties in maintaining social functioning; (3) moderate difficulties in maintaining concentration, persistence, or pace; and (4) no episodes of decompensation of extended duration. R. at 89, Dr. Lyon did not find evidence to establish the presence of the criteria under paragraph C of the applicable listings. R. at 89. Dr. Lyon thus assessed Plaintiffs mental residual functional capacity (“RFC”) (R. at 92-94) and opined that she was moderately limited in her ability to (1) understand, remember, and carry out detailed instructions; (2) maintain attention and concentration for extended periods; (3) complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods; and to (4) respond appropriately to changes in the work setting. R. at 92-93. Plaintiff otherwise was not significantly limited. R. at 92-94.

On April 23, 2013, another state agency consultant, W. Hakkarinen, M.D., assessed Plaintiffs physical RFC. R. at 91-92. Dr. Hakkarinen opined that Plaintiff could (1) lift and/or carry twenty pounds occasionally and ten pounds frequently; (2) stand [595] and/or walk for a total of about six hours in an eight-hour workday; (3) sit for about six hours in an eight-hour workday; and (4) perform unlimited pushing and/or pulling. R. at 91. Plaintiff occasionally could climb, balance, stoop, kneel, crouch, and crawl. R. at 91-92. Plaintiff had no manipulative, visual, communicative, or environmental limitations. R, at 92.

On July 11, 2013, another state agency consultant, A. Serpick, M.D., again assessed Plaintiffs physical RFC. R. at 109-10. Dr. Serpick opined that Plaintiff could (1) lift and/or carry twenty pounds occasionally and ten pounds frequently; (2) stand and/or walk for a total of about six hours in an eight-hour workday; (3) sit for about six hours in an eight-hour workday; and (4) perform unlimited pushing and/or pulling. R. at 109-10. Plaintiff occasionally could climb, balance, stoop, kneel, crouch, and crawl. R. at 110. Plaintiff had no manipulative, visual, communicative, or environmental limitations. R. at 1Í0.

On July 27, 2013, another state agency consultant, Maurice Prout, Ph.D., again used the PRT to evaluate Plaintiffs mental impairments under Listings 12.04 and 12.06. R. at 106-08. Dr. Prout opined that, under paragraph B of the applicable listings, Plaintiffs mental impairments caused her to experience (1) mild restriction in activities of daily living; (2) mild difficulties in maintaining social functioning; (3) moderate difficulties in maintaining concentration, persistence, or pace; and (4) no episodes of decompensation of extended duration. R. at 107. Dr. Prout did not find evidence to establish the presence of the criteria under paragraph C of the applicable listings. R. at 107. Dr. Prout thus assessed Plaintiffs mental RFC (R. at 110-12) and opined that she was moderately limited in her ability to (1) understand, remember, and carry out detailed instructions; (2) maintain attention and concentration for extended periods; (3) complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods; and to (4) respond appropriately to changes in the work setting. R. at 111-12. Plaintiff otherwise was not significantly limited. R. at 111-12.

B. Hearing Testimony

1. Plaintiff’s Testimony

The ALJ reviewed Plaintiffs testimony in his decision:

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McLaughlin v. Colvin, 200 F. Supp. 3d 591, 2016 U.S. Dist. LEXIS 101559, 2016 WL 4124226 (D. Md. 2016).

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