Meyerpeter v. Astrue

902 F. Supp. 2d 1219, 2012 WL 4762410, 2012 U.S. Dist. LEXIS 144366
CourtDistrict Court, E.D. Missouri
DecidedOctober 5, 2012
DocketCase No. 4:11-CV-00748-NAB
StatusPublished
Cited by25 cases

This text of 902 F. Supp. 2d 1219 (Meyerpeter v. Astrue) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyerpeter v. Astrue, 902 F. Supp. 2d 1219, 2012 WL 4762410, 2012 U.S. Dist. LEXIS 144366 (E.D. Mo. 2012).

Opinion

MEMORANDUM AND ORDER

NANNETTE A. BAKER, United States Magistrate Judge.

This is an action under Title 42 U.S.C. § 405(g) for judicial review of the Commissioner’s final decision denying Donna Meyerpeter’s (“Meyerpeter”) applications for disability insurance benefits (“DIB”) under Title II of the Social Security Act and Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act. Meyerpeter alleges disability due to major depressive disorder and asthma [Doc. 1], as well as anxiety, heart palpitations, memory lapses, poor focus, pain, aggression, and low energy. (Tr. 145.) All parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c). [Doc. 8] For the reasons set forth below, the Commissioner’s decision is affirmed.

I.

PROCEDURAL BACKGROUND

On June 20, 2008, Meyerpeter filed an application for a period of disability, seeking DIB and SSI. She alleged an onset date of May 10, 2008. (Tr. 108, 112.) The Social Security Administration (“SSA”) denied Meyerpeter’s claim and she filed a timely request for a hearing before an administrative law judge (“ALJ”). (Tr. 58, 64.) The SSA granted Meyerpeter’s request and the hearing took place on November 23, 2009. (Tr. 20-51, 78.) The ALJ issued a written decision on January 20, 2010, upholding the denial of benefits. (Tr. 6-14.)

Meyerpeter requested review of the ALJ’s decision from the Appeals Council on February 5, 2010. (Tr. 107.) On February 23, 2011, the Appeals Council denied Meyerpeter’s request for review. (Tr. 1-5.) The decision of the ALJ thus stands as the final decision of the Commissioner. See Sims v. Apfel, 530 U.S. 103, 107, 120 S.Ct. 2080, 147 L.Ed.2d 80 (2000) (citing 20 C.F.R. §§ 404.900(a)(4)(5), 404.955, 404.981, 422.210(a)). Meyerpeter filed this appeal on April 28, 2011. [Doc. 1.] The Commissioner filed an answer on July 7, 2011. [Doc. 11] Meyerpeter filed a Brief in Support of Plaintiffs Complaint. [Doc. 13] The Commissioner filed a Brief in Support of the Answer. [Doc. 16]

II.

ADMINISTRATIVE RECORD

A. Hearing Testimony

On November 23, 2009, ALJ Bradley Hanan held a hearing. (Tr. 20-51.) The [1223]*1223ALJ heard testimony from Meyerpeter (Tr. 28-47) and Delores Gonzales, a vocational expert (“VE”) (Tr. 47-51). Meyer-peter was represented by counsel. (Tr. 22.)

1. Claimant’s Testimony

Meyerpeter testified she was forty-five years old on the date of the hearing. (Tr. 28.) Meyerpeter testified she lived with her mother who has Alzheimer’s disease and her pregnant 18-year-old daughter. (Tr. 29, 39.) She stated she owed on a mortgage on the house, which was under her name, and she had been taking cash advances on her credit cards in order to pay for it. (Tr. 29-30.)

Meyerpeter testified that her parents removed her from high school in the tenth grade due to depression and bipolar disorder. (Tr. 39.) She also testified that she earned her GED, but had no other college or vocational training. (Tr. 31.) Meyer-peter stated she had an unrestricted valid driver’s license, which she used to drive herself approximately three days per week to doctor’s appointments and to a part-time job. (Tr. 30.)

Meyerpeter stated she worked two days per week selling eyeglasses and had worked there on and off for five years. (Tr. 31, 35.) Meyerpeter testified that she “work[s] patients up to see the doctor or help[s] show glasses.” (Tr. 32.) She also stated that she was on her feet most of the time during work. (Tr. 32.) She also testified that “working up” patients involved asking patients questions from a form and completing the form. (Tr. 35.) Meyerpeter stated she had done the same type of job with different employers since she was 16 years old. (Tr. 36.) Meyerpeter testified that the frequency of her work has depended on how she felt when she was called and that her employer continued to call her even though she had turned them down for work in the past. (Tr. 31-32.) She also testified that her employer only called if someone else was sick or not at work. (Tr. 31.)

Meyerpeter testified she could not work five days per week, because she “can’t function on a daily basis” and has to “drag [herself] into work.” (Tr. 32.) She testified that she has had this problem since she was little. (Tr. 32.) She also testified that at the end of the day, her heart bothers her so much that she goes straight home and goes to bed. (Tr. 32.) She stated she always tried to work part-time. (Tr. 33.)

Meyerpeter testified that she had been fired from a previous job because she began to work fewer days when work became “too much” for her. (Tr. 36-37.) She stated that it “was too hard to get into work every day to deal with people every day.” (Tr. 37.) She also stated she had trouble concentrating and remembering, and she was easily agitated. (Tr. 37.) Meyerpeter stated that she quit another job, because it was hard for her to get up every day to go to work, brush her teeth, and take a shower. (Tr. 35.)

Meyerpeter testified that a combination of things kept her from working full time, including bipolar disorder, depression, heart palpitations that never go away, and the stress. (Tr. 42.) She stated that the stress comes from taking care of her mom with Alzheimer’s disease and her pregnant teenage daughter. (Tr. 42.) She testified that she was hospitalized due to her depression, bipolar disorder, and stress once in 1991. (Tr. 42.) She also testified that different psychiatrists have recommended that she be hospitalized many times since then, but she cannot afford it. (Tr. 42^13.)

[1224]*1224Meyerpeter stated that had attended outpatient therapy, regular psychiatrists, and other therapists before, but it did not work. (Tr. 44.) She also testified that her medications “kind of keep [her] calm and help the heart palpitations,” but they also cause her to have trouble with remembering and focusing. (Tr. 43.) Meyerpeter testified that she did not take the medications when she went to work because of the problems they caused with her memory and focus, but then she would become “so depressed in the mornings [she] could hardly get to work.” (Tr. 43.)

Meyerpeter testified that she had abstained from alcohol for “probably five, six years,” because it intensified the severity of her heart palpitations. (Tr. 37.) She also testified that she spends her time trying to function, cleaning, shopping, helping her mom and doing laundry. (Tr. 44-45.) She stated that while she sleeps every chance she gets, she does not sleep for more than two hours straight at nighttime. (Tr. 46.) Meyerpeter also stated she has never felt well rested and her doctors told her it is because of the depression and bipolar disorder. (Tr. 46.)

2. YE Delores Gonzales’s Testimony

The VE testified that Meyerpeter’s past relevant work as an optician’s assistant is classified as sedentary, semi-skilled work and her past relevant work as a retail sales clerk is classified as light, semi-skilled work. (Tr. 48.)

The ALJ posed the following hypothetical to the VE:

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Cite This Page — Counsel Stack

Bluebook (online)
902 F. Supp. 2d 1219, 2012 WL 4762410, 2012 U.S. Dist. LEXIS 144366, Counsel Stack Legal Research, https://law.counselstack.com/opinion/meyerpeter-v-astrue-moed-2012.