Nguyen v. Callahan

997 F. Supp. 179, 1998 U.S. Dist. LEXIS 3430, 1998 WL 125952
CourtDistrict Court, D. Massachusetts
DecidedMarch 10, 1998
DocketCivil Action No. 97-40026-NMG
StatusPublished
Cited by31 cases

This text of 997 F. Supp. 179 (Nguyen v. Callahan) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Nguyen v. Callahan, 997 F. Supp. 179, 1998 U.S. Dist. LEXIS 3430, 1998 WL 125952 (D. Mass. 1998).

Opinion

MEMORANDUM AND ORDER

GORTON, District Judge.

Pending before this Court is an action to review a final decision of the defendant, the Acting Commissioner of the Social Security Administration (the “Commissioner”), denying the plaintiff, Ngoc P. Nguyen (“Nguyen”), Social Security disability benefits and supplemental security income (“SSI”) under the Social Security Act (the “Act”).1 See 42 U.S.C. §§ 405(g), 1383(e). Nguyen filed a civil complaint asking this Court to find that he is legally entitled to the benefits. The Commissioner moved for an order affirming his decision.

I. Procedural History

Nguyen applied for SSI benefits on July 30, 1993, alleging an inability to work since May 1, 1983 due to chronic headaches, back pain, body aches and pains, upset stomach, blurred vision, dizziness and emotional problems.

The Commissioner denied Nguyen’s application initially and on reconsideration. An Administrative Law Judge (“ALJ”) considered the case de novo and found, on April 27, 1995, that Nguyen was not under a disability. The Appeals Council denied Nguyen’s request for review on October 11,1996, thereby rendering the ALJ’s determination a final decision, subject to judicial review. See Da Rosa v. Secretary of Health and Human Services, 803 F.2d 24, 25 (1st Cir.1986).

Nguyen seeks review of the.Commissioner’s decision denying him SSI disability benefits. He urges, pursuant to 42 U.S.C. §§ 405(g), 1383(c)(3), that this Court find that the ALJ committed substantial error and remand the ALJ’s decision for a new hearing. Nguyen complains that the ALJ ignored an important piece of medical evidence, namely, a medical report by a psychologist, and that the ALJ’s decision was not supported by substantial evidence.

II. Background

Ngoc Nguyen was born in 1933 in Vietnam. He completed formal education through the ninth grade in Vietnam and served in the South Vietnamese Army until 1975, when he was imprisoned in a concentration camp for eight years. He has not engaged in gainful employment since 1975. In March, 1993, he moved to the United States, first living in California and then in Massachusetts. Since that time, Nguyen has been treated by numerous doctors for various physical and psychological problems and has undergone three psychological evaluations which are relevant to this appeal.

On November 13, 1993, at the request of the Department of Social Services Disability Evaluation Division (“DSS”), Dr. Sohini Parikh, a psychiatrist, examined Nguyen and [181]*181diagnosed him with dysthymia (depressed mood) and post traumatic stress disorder associated with flashbacks of his Vietnam War experience. However, Dr. Parikh also found Nguyen to be alert and capable of attending to a tentative work schedule without supervision. She found Nguyen “competent to manage his own funds at this time.”

On May 18, 1994, following a referral to determine Nguyen’s eligibility for Emergency Aid to the Elderly, Disabled and Children (“E.A.E.D.C.”) benefits, psychologist Dr. Young Kim interviewed Nguyen and performed a number of diagnostic tests. Dr. Kim diagnosed Nguyen with dysthymia, post traumatic stress disorder and somatization disorder (physical manifestations of mental experiences) and found that Nguyen was “functioning in the low average range of intelligence.” He indicated that Nguyen’s global assessment of functioning (“GAF”) score was 49, which suggests serious symptoms or serious impairment in social, occupational or school functioning.

Noting Nguyen’s social withdrawal, tendency to somatize depression and feelings of inadequacy and helplessness, Dr. Kim concluded that Nguyen’s marked anxiety and depression would “certainly adversely affect his ability to function in an acceptable capacity in a regular work setting.” In his recommendation section, Dr. Kim stated that “[t]he results of the testing indicate that Mr. Nguyen in not capable of handling his monetary funds at the present time.”

On January 4,1995, again at the request of DSS, psychologist Dr. Milton Taylor performed a consultative psychodiagnostic interview with Nguyen and diagnosed him with an adjustment disorder with mixed emotional features and possible post traumatic stress disorder. He noted Nguyen’s reports of flashbacks regarding his concentration camp experience. Dr. Taylor found it “highly suspect” that Nguyen performed much worse in Dr. Taylor’s examination than he had when examined by Dr. Parikh. He did not, however, indicate whether he was aware of Dr. Kim’s examination. Dr. Taylor opined that Nguyen’s poor performance on the more recent test could represent a preconseious “cry for help.”

III. Analysis

A The Standard of Review

Judicial review of a final decision of the Commissioner is limited by 42 U.S.C. §§ 405(g), 1383(c)(3).2 After a final determination is made by the Commissioner, at the request of a party this Court is authorized to review the pleadings and the transcript of the record of the proceeding and to enter a judgment affirming, modifying or reversing the decision, with or without remanding the cause for a rehearing. See id. § 405(g). This Court’s review is limited in scope, however, because the Commissioner’s factual findings must be affirmed if they are supported by substantial evidence in the record and are in accord with the law. See id.; Irlanda Ortiz v. Secretary of Health and Human Services, 955 F.2d 765, 769 (1st Cir.1991). Even in cases where the record can be perceived to support another conclusion, the Commissioner’s decision must be upheld if it was supported by substantial evidence. See Rodriguez Pagan v. Secretary of Health and Human Services, 819 F.2d 1, 3 (1st Cir.1987), cert. denied, 484 U.S. 1012, 108 S.Ct. 713, 98 L.Ed.2d 663 (1988); see also Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420,28 L.Ed.2d 842 (1971).

B. Disability Determination

To establish entitlement to disability benefits, a claimant must show that he is disabled within the meaning of the Social Security Act. See Bowen v. Yuekert, 482 U.S. 137, 146-47, n. 5, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987). The Act states that a person suffers from a disability when he is unable to engage in any substantial, gainful activity because of a medically determinable condition which can be expected to cause death or to continue for at least twelve months. See 42 U.S.C. §§ 416(i)(1), 423(d)(1)(A), 1382e(a)(3)(A).

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Bluebook (online)
997 F. Supp. 179, 1998 U.S. Dist. LEXIS 3430, 1998 WL 125952, Counsel Stack Legal Research, https://law.counselstack.com/opinion/nguyen-v-callahan-mad-1998.