Newcomb v. Colvin

996 F. Supp. 2d 732, 2013 WL 7161466, 2013 U.S. Dist. LEXIS 184909
CourtDistrict Court, N.D. Iowa
DecidedMarch 6, 2013
DocketNo. C12-4051-LTS
StatusPublished

This text of 996 F. Supp. 2d 732 (Newcomb v. Colvin) is published on Counsel Stack Legal Research, covering District Court, N.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Newcomb v. Colvin, 996 F. Supp. 2d 732, 2013 WL 7161466, 2013 U.S. Dist. LEXIS 184909 (N.D. Iowa 2013).

Opinion

ORDER

LEONARD T. STRAND, United States Magistrate Judge.

Introduction

Plaintiff Randy Newcomb seeks judicial review of a final decision of the Commissioner of Social Security (the “Commissioner”) denying his application for disability insurance benefits (“DIB”) and supplemental security income (“SSI”) pursuant to Titles II and XVI of the Social Security Act, 42 U.S.C. §§ 405(g), 1383(c)(3). Newcomb contends the administrative record (“AR”) does not contain substantial evidence to support the Commissioner’s decision that he is not disabled. For the reasons that follow, I affirm the Commissioner’s decision.

Background

Newcomb was born in 1967, has an eighth grade education and a GED. AR 28, 111. He previously worked as a cook, electrician helper, tire retreader and welder. AR 244. Newcomb protectively filed for benefits on January 12, 2009, alleging disability beginning on October 31, 2006, due to his mental condition. AR 111-20, 156. His claims were denied initially and on reconsideration. AR 48-51. Newcomb requested a hearing before an Administrative Law Judge (“ALJ”). AR 64-65. On December 3, 2010, ALJ Robert Maxwell held a hearing during which Newcomb and a vocational expert (“VE”) testified. AR 24-47.

On February 14, 2011, the ALJ issued a decision finding Newcomb not disabled since October 31, 2006. AR 10-18. New-comb sought review of this decision by the Appeals Council, which denied review on March 19, 2012. AR 1-3. The ALJ’s decision thus became the final decision of the Commissioner. 20 C.F.R. §§ 404.981, 416.1481.

On May 17, 2012, Newcomb filed a complaint in this court seeking review of the ALJ’s decision. On June 11, 2012, with the parties’ consent, United States District Judge Mark W. Bennett transferred the case to me. Doc. No. 5. The parties have briefed the issues and the matter is now fully submitted.

Summary of Evidence

I have reviewed the entire administrative record and provide the following summary of the evidence relevant to New-comb’s claim:

A. Medical Evidence

There is no medical evidence in the record dating back to Newcomb’s alleged onset date of October 31, 2006.1 A mental health screen was performed on December 12, 2007, by the Minnesota Department of Corrections.2 AR 246. This evaluation indicated Newcomb had no critical mental problems, although Newcomb suggested that he may have attention deficit hyperactivity disorder (“ADHD”). Id.

The record contains progress notes from Avera Spencer Family Clinic dating from March 19, 2009, to April 7, 2009. AR 254-57. On March 19, Newcomb reported problems with concentration. AR 256. [736]*736He stated he was an alcoholic, but had been without alcohol for two years. Id. Newcomb explained he was unemployed and could not get employment because he could not “settle down quietly enough to fill out an application for a job.” Id.

The provider noted Newcomb’s appearance was “somewhat ill-kept” and his speech was rushed. During the appointment, Newcomb was playing with rubber bands and stretching paper. AR 257. His hands were constantly active and his legs were moving too. Id. Newcomb was given a sample of Seroquel and an appointment was scheduled for him at Seasons Center for Mental Health (“Seasons Center”). At a follow-up on March 26, 2009, Newcomb complained of side effects from the Se-roquel and was given a low dosage of Adderall XR. AR 255. On April 7, he reported the medication had significantly helped him and he had good concentration. AR 254.

Newcomb’s treatment records from Seasons Center date from April 8, 2009, to October 25, 2010. AR 282-87. During his first appointment, Newcomb complained he could not concentrate and was “off the walls.” AR 285. In explaining his past work as an electrician, Newcomb stated he was always very productive, but was unable to finish tasks. Id. He said he had always been hyper and had a hard time in school because he was unable to sit still and concentrate. Id. Newcomb explained he did not go to AA meetings because he could not sit still longer than 20 minutes. He also could not watch television for more than 20 minutes. Id. He said that in the past he had used alcohol to self-medicate and “slow his mind down.” AR 286. The physician assistant gave him a Global Assessment of Functioning (“GAF”) score of 55.3 She diagnosed him with ADHD and prescribed Adderall. AR 287.

At follow-up appointments in April, May and June of 2009, Newcomb reported he was doing well on Adderall. AR 282-84. He was able to concentrate and do tasks around the house. AR 284. He also had been working with an uncle on a farm and was looking into applying for a full time job. AR 288. In June, he reported doing a lot of part-time work and was going to spend the next two weeks painting a house. He stated he had been more active and everything was fine. AR 282. He was assessed GAF scores of 65 and 70.4

On July 31, 2009, Newcomb reported he was taking Adderall four times daily instead of three times as prescribed. AR 294. Christine Segreto, D.O., increased his prescription to four times daily. Id. In February 2010, Dr. Segreto noted that Newcomb might have a borderline IQ and wrote, “I can see why he’d have a lot of difficulty following directions and keeping a job.” AR 291. She assessed a GAF score of 52.

On May 19, 2010, the Minnesota Department of Corrections performed a mental health screening.5 AR 297-300. New-comb said he had difficulty sustaining at[737]*737tention and organizing tasks and activities, he occasionally would avoid tasks that required sustained mental effort, he was easily distracted and fidgety, felt restless, had difficulty engaging in quiet leisure activities, felt like he was “on the go,” would talk excessively, blurted out answers before questions had been completed, had difficulty waiting his turn and would interrupt others. AR 298. The counselor noted many of these symptoms were evident during the meeting. His GAF score was 45.6 She assessed a provisional diagnosis of ADHD. AR 299.

Newcomb was taken off his Adderall medication while in prison. AR 328. A nurse practitioner noticed that a few hours after taking Adderall, Newcomb was extremely anxious and hyper. AR 318. He was prescribed clonidine, but insisted that Adderall was most effective in controlling his symptoms. AR 316, 319. In June, his clonidine prescription was increased and lithium7 was added. AR 316. Newcomb complained about this medication. AR 313. He said he was feeling depressed, worrying about everything, and could not sleep. When he met with the counselor, he demanded to be put back on Adderall. Id. She noted he was angry, demanding and antagonistic during this meeting. AR 314. His speech was loud, rapid and pressured and he initially spoke in fragmented statements, not finishing one thought before moving on to the next. Id. The counselor told Newcomb she could not make changes to his medication and Newcomb stated he did not want additional services from the counselor at that time. Id.

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Bluebook (online)
996 F. Supp. 2d 732, 2013 WL 7161466, 2013 U.S. Dist. LEXIS 184909, Counsel Stack Legal Research, https://law.counselstack.com/opinion/newcomb-v-colvin-iand-2013.