Meyler v. Commissioner of Social Security

238 F. App'x 884
CourtCourt of Appeals for the Third Circuit
DecidedAugust 28, 2007
Docket06-4280
StatusUnpublished
Cited by3 cases

This text of 238 F. App'x 884 (Meyler v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Third Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Meyler v. Commissioner of Social Security, 238 F. App'x 884 (3d Cir. 2007).

Opinion

OPINION OF THE COURT

SHAPIRO, District Judge.

Patricia Meyler seeks review of the denial by the Commissioner of Social Security (“Commissioner”) of her application for Supplemental Security Income (“SSI”). Meyler appeals the final order of the Commissioner on three grounds: (1) the Administrative Law Judge (“ALJ”) failed to articulate an evidentiary basis for his finding that Meyler’s mental impairments did not meet or equal a listed impairment; (2) the ALJ violated due process by failing to subpoena Meyler’s treating physician; and (3) the ALJ erred in concluding Meyler could perform jobs existing in the national economy by relying exclusively on Social Security Rulings without providing her notice of his intent to do so. We will vacate and remand this matter for further findings.

I.

Meyler filed her application for SSI payments on September 6, 2001, and claimed a disability onset date of January 1, 1996. The application was denied initially and upon reconsideration. Meyler requested de novo review by an administrative law judge. At a hearing on February 27, 2003, Meyler agreed to an alleged disability onset date of September 6, 2001, because an earlier date would reopen Meyler’s prior cessation case. After the hearing, the ALJ denied Meyler’s application. 1

*886 Meyler was born on August 10, 1952. On the date of the ALJ’s decision, she was 50 years old and had a high school education. In her SSI application, Meyler claimed she had arthritis in her legs, numbness in her hands and fingers, and severe asthma. (Administrative Record at 92.) (“A.R. 92”) She reported she had mental problems when in the presence of other people, and felt paranoid when people stared and talked about her. (A.R. 87, 91-92.) Her daily activities included going to the store or staying in bed; sometimes she anxiously paced in circles. (A.R. 84.) Meyler also reported that she: left the house three times a week; went food shopping; visited a friend a few times a month; washed the floor; and did laundry every one or two weeks. (A.R. 84-88.) She claimed she required help with these activities because she got confused and did not feel comfortable leaving the house. (A.R. 85-86.)

The record before the ALJ contained reports from five examining physicians. Dr. Cincotta found Meyler had a history of polysubstance abuse and complaints of swollen hands and feet; but he opined her “examination was within normal limits” with no wrist or ankle swelling. (A.R. 118.) Dr. Agarwal, Meyler’s treating physician, recorded no abnormalities in Meyler’s extremities.

Dr. Coblentz of Irving Counseling Center, where Meyler had attended counseling sessions since October 22, 2001, found Meyler reported symptoms of depression with panic attacks, and observed that Meyler had an abrasive whining voice consistent with depression. He stated Meyler’s speech was logical, coherent, and relevant, with no breaks in reality contact, no unusual thought trends, and no indication of paranoia. Though Meyler appeared depressed, she was not particularly anxious, her memory appeared intact, and her sensorium was clear. Dr. Coblentz diagnosed Meyler with a condition between dysthymic disorder and major depressive disorder, and panic disorder with agoraphobia. Meyler was initially prescribed 20 milligrams of Prozac daily. After subsequent meetings, Dr. Coblentz noted Meyler was jittery and increased her daily dosage of Prozac to 40 milligrams; he also prescribed 50 milligrams of Trazadone to help Meyler sleep. Dr. Coblentz later reported that Meyler was obsessing because her daughter had been hospitalized for depression. Meyler’s voice was “particularly grating and annoying with a real undercurrent of self pity”; she complained of anorexia and stated she did not leave her room. (A.R. 149.) Dr. Coblentz discontinued Trazadone, continued her Prozac, and started her on Seroquel, an anti-psychotic with a sedative side effect, and Remeron, to improve her sleep and appetite.

Dr. Zeiguer conducted an in-person examination of Meyler and diagnosed her with panic disorder triggered by exposure to crowds, with occasional panic attacks at home, a history of hepatitis C, and a reported history of multiple joint pains, bronchial asthma, and fatigue. He noted Meyler was competent to handle SSI benefits, but could benefit from psychiatric treatment. Dr. Block interviewed Meyler and observed that she trembled and kept her eyes closed during the meeting. He found evidence of anxiety and psychomotor agitation, but did not find evidence of depression or obsessive-compulsive ideation or behavior. Dr. Block diagnosed Meyler with major depression and anxiety disorder, but found her competent to handle her own funds.

The record does not contain a report from Dr. Sharma, one of Meyler’s treating physicians. Meyler testified that she saw Dr. Sharma every two months for several years, and that he prescribed her asthma medication and Celebrex. Meyler’s para *887 legal representative at the ALJ hearing, Mary Lou Lynch (“Lynch”), testified she could not obtain a report from Dr. Sharma because he was on vacation, and someone from Dr. Sharma’s office told her there was not much in Meyler’s record. The ALJ sent two letters to Dr. Sharma to obtain Meyler’s treatment records, but received no response.

Meyler testified that she filed for SSI because she had trouble understanding and following directions. She stated she experienced panic attacks five times a week and approximately 75 percent of the time she spent outside her home. During these panic attacks, Meyler felt lost and her entire left side went numb. Meyler reported panic near other people, and did not like going out to do laundry without her friend Edward Henneberry. She testified she felt short of breath after walking one block because of her asthma, and she had bad arthritis in her legs, right hand and arm, and left foot. Meyler stated that in the past she used heroin, but she had not used street drugs in years. She reported she spent her days cleaning the kitchen and bathroom, cooking hamburgers and hot dogs, and watching television five hours a day. Meyler did not leave the house every day, but she took public transportation if she could not get a ride. She stated she did not have difficulty sitting, could lift and carry five pounds, and could perform simple jobs such as packing or counting items. She took the medications Wellbutrin, Prozac, Seroquel, Celebrex, and liquid Methadone for her ailments.

Meyler’s friend of 22 years, Henneberry, testified that on one shopping trip with Meyler she got lost for approximately eight minutes, and he found her crying in the corridor. According to Henneberry, Meyler was nervous and could not stay still, and became nervous around other people. He stated Meyler could cook, select and pay for food, and count money. He acknowledged Meyler could hold a job involving packing items into a box, but she would not be able to count the items she packed or keep track of dates or times.

The ALJ denied Meyler SSI because her subjective assertions of functional impairments were inconsistent with objective medical reports. He also noted inconsistencies among Meyler’s reports regarding her daily activities and drug use. He found Meyler did not have any physical or exertional impairment, since Dr. Cincotta reported no evidence of wrist or ankle swelling and Dr.

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