Michelle Zuba-Ingram v. Commissioner of Social Security

600 F. App'x 650
CourtCourt of Appeals for the Eleventh Circuit
DecidedJanuary 26, 2015
Docket14-10713
StatusUnpublished
Cited by25 cases

This text of 600 F. App'x 650 (Michelle Zuba-Ingram 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
Michelle Zuba-Ingram v. Commissioner of Social Security, 600 F. App'x 650 (11th Cir. 2015).

Opinion

PER CURIAM:

Michelle Zuba-Ingram appeals the magistrate judge’s order affirming the denial of her application for a period of disability, disability insurance benefits, and supplemental security income by the Social Security Administration (“SSA”). 1 We affirm.

*651 I. BACKGROUND

In August 2009, Zuba-Ingram filed applications for a period of disability, disability insurance benefits, and supplemental security income, under Titles II and XVI of the Social Security Act. Her applications were denied initially, but Zuba-Ingram was granted a hearing before an administrative law judge (“ALJ”). In a pre-hear-ing brief, Zuba-Ingram contended she suffered from severe post-traumatic stress disorder (“PTSD”), depression, anxiety with panic disorder, and agoraphobia. She asserted an alleged onset date of June 4, 2009. She further alleged she had been physically assaulted while serving in the military, and had also been abused as a child.

During her October 2010 hearing, Zuba-Ingram testified she was 47, had attained one master’s degree, and was close to obtaining a second. She had three children, ages 25, 17, and 11. She previously had worked as a middle-school teacher but left that job in 2007, because regularly occurring fights at the school caused her to experience flashbacks of “stuff that had happened to [her].” Zuba-Ingram also had worked nights at a hardware store for approximately six months in 2008, but had been unable to adjust to the late hours. During that time, she also had experienced flashbacks, migraine headaches, and panic attacks. She had taken several medications that occasionally caused her to feel dizzy and to be unable to focus.

Zuba-Ingram testified she was seeing a therapist at least once each week and a social worker several times per month. She was being treated by a United States Department of Veterans Affairs (“VA”) psychiatrist approximately once every five weeks. The ALJ asked Zuba-Ingram whether she could work in a job requiring no interactions with others, such as in landscaping. She responded she would be very anxious about being on others’ property and speaking with them.

During examination by Zuba-Ingram’s attorney, she testified her migraine headaches typically started without warning but occasionally were preceded by a “feeling in [her] neck.” She had experienced 4 headaches during the month preceding her hearing and approximately 20-22 in the prior year. Some months she experienced no headaches, while at other times she experienced 3 in one week. She was unsure how long the migraines lasted because of the side effects of medication she took to treat them.

The ALJ determined Zuba-Ingram could not perform her past relevant work. The ALJ asked a vocational expert (“VE”) to identify jobs Zuba-Ingram could perform for her age, education, and experience, provided (1) she had no exertional limitations; (2) she needed to avoid unprotected heights, heavy equipment, and operating machinery; and (3) she could carry out simple, routine, repetitive work that did not change daily and involved limited interactions with others and no team coordination. The VE identified three jobs: hand-packager, assembler, and groundskeeper.

The ALJ asked the VE to identify the maximum number of absences that would be accommodated without losing one’s job. The VE responded: “Three times in a month which would be ten to 12 times in a total year. So after five months of two absences that person would be terminated from employment.” When asked whether jobs existed for one who could work eight hours per day only “on an unpredictable basis,” the VE responded that such an individual would be unemployable.

In support of her application, Zuba-In-gram submitted records related to her previous disability claim to the VA for her *652 PTSD and migraines. The VA’s December 1, 2009 report included information resulting from examinations of Zuba-In-gram by several VA medical professionals. Neurophysiology fellow Jonathan M. Johnson, M.D., opined Zuba-Ingram had reported “continued problems with frequent headaches” attributed to an' assault in 1983, during which an assailant hit Zuba-Ingram numerous times in the head with fists and a night stick. Since that time, the frequency of the headaches had decreased, and Zuba-Ingram currently was experiencing an average of approximately 3 headaches every three to four months. They occurred “in clusters of two or three within a few weeks of each other and [would] then ... be absent or rare for a month or two.” While experiencing the headaches, Zuba-Ingram was “unable to function or tolerate social interaction and requirefed] sleep in a dark quiet room” until they subsided. The headaches had been present for years, and no clear change in this pattern appeared over the previous one to two years. Dr. Johnson’s assessment was, because of blunt trauma, Zuba-Ingram had developed migraine headaches that “appealed] to be relatively stable but ... interfere[d] with her ability to function during acute attacks.”

Amy Connell, M.D., reported Zuba-In-gram had a history of substance abuse in remission. In addition to the 1983 assault, Dr. Connell also discussed a three-daylong physical assault in 1982 that had rendered Zuba-Ingram unconscious. Zuba-Ingram had attributed continuing migraine headaches to the 1983 assault. Dr. Con-nell discussed at length Zuba-Ingram’s history of physical abuse and self-harm, which included two suicide attempts and psychiatric hospitalizations. Dr. Connell diagnosed Zuba-Ingram with chronic PTSD, major depressive disorder, and borderline personality disorder.

Amy Krohn, M.D., a VA staff psychiatrist, stated she had been treating Zuba-Ingram since October 2007. Dr. Krohn reported Zuba-Ingram suffered from PTSD resulting from a traumatic physical assault while she was serving in the military. Dr. Krohn discussed several of Zuba-Ingram’s PTSD symptoms in detail, noted that she did not suspect malingering, and stated Zuba-Ingram had been unemployable because of PTSD since June 2009. Dr. Krohn’s letter did not mention migraine headaches. An April 26, 2010, letter contained similar information.

Consultative examiner John L. Peggau, Psy.D., a clinical psychologist, examined Zuba-Ingram on November 16, 2009. Zuba-Ingram reported suffering from PTSD, anxiety, panic attacks, and depressive episodes. She informed Dr. Peggau about an incident in the military, when a male officer had locked her in his room and had physically assaulted her. She reported taking three medications for migraine headaches. According to Dr. Peg-gau:

[Zuba-Ingram] said that she estimates monthly migraine headaches but all of this was very vague and she kept changing her frequency from monthly to “not in quite a long while sometimes.” She acted as if she was crying but there were never any tears. She was extremely labile and dramatic with a theatrical presentation that had a large questionable component of malingering or gross embellishment and acting.

Dr. Peggau further reported Zuba-In-gram “was lacking in specifics and in detail when asked direct question[s]. Instead, she would often just go on discussing other things.” Dr. Peggau diagnosed Zuba-In-gram with anxiety disorder and personality disorder “with borderline and histrionic features, severe.”

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600 F. App'x 650, Counsel Stack Legal Research, https://law.counselstack.com/opinion/michelle-zuba-ingram-v-commissioner-of-social-security-ca11-2015.