Perry v. Colvin

91 F. Supp. 3d 139, 2015 U.S. Dist. LEXIS 33600, 2015 WL 1227822
CourtDistrict Court, D. Massachusetts
DecidedMarch 18, 2015
DocketCivil Action No. 13-40094-TSH
StatusPublished
Cited by12 cases

This text of 91 F. Supp. 3d 139 (Perry v. Colvin) 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
Perry v. Colvin, 91 F. Supp. 3d 139, 2015 U.S. Dist. LEXIS 33600, 2015 WL 1227822 (D. Mass. 2015).

Opinion

ORDER AND MEMORANDUM OF DECISION ON PLAINTIFF’S MOTION FOR ORDER REVERSING THE COMMISSIONER’S DECISION (Docket No. 17) AND DEFENDANT’S MOTION FOR ORDER AFFIRMING THE DECISION OF THE COMMISSIONER (Docket No. 20)

HILLMAN, District Judge.

This is an action for judicial review of a final decision by the Acting Commissioner of the Social Security Administration (the [142]*142“Commissioner” or “SSA”) denying the application of Kellii Heleana Lynne Perry (“Plaintiff’) for Social Security Disability Insurance Benefits and Supplemental Security Income. Plaintiff filed a motion seeking an order reversing the decision of the Commissioner (Docket No. 17), and the Commissioner filed a cross-motion seeking an order affirming the decision of the Commissioner (Docket No. 20). For the reasons set forth below, Plaintiffs motion is granted, and Defendant’s motion is denied.

Procedural History

On October 30, 2009, Plaintiff applied for disability insurance benefits under Title II of the Social Security Act, and supplemental security income under Title XVI of the Social Security Act. Plaintiff alleges disability on the basis of her bipolar disorder, depression, anxiety, and post-traumatic stress disorder (“PTSD”). The SSA initially determined that Plaintiff was not entitled to disability insurance benefits or supplemental security income on February 19, 2010. Plaintiff filed a written request for a hearing on August 12, 2010, and a hearing was held before Administrative Law Judge (“ALJ”) Penny Loucas on February 1, 2012. In a written decision issued on March 12, 2012, the ALJ determined that Plaintiff was not disabled and therefore ineligible for disability insurance benefits and supplemental security income. The Appeals Council denied Plaintiffs request for review of the decision on June 3, 2013, thereby making it the final decision of the Commissioner. Plaintiff filed this action on August 6, 2013.

Facts

Personal and Employment History

Plaintiff was born on June 29, 1974. SSA Administrative Record of Social Security Proceedings, Docket No. 14, at 202 (hereinafter “(R.-)”). She graduated from high school and attended one year of college in 2004. (R. 235). She has worked as an assistant preschool teacher, cashier, sales associate, and unlicensed daycare provider. (R. 229). She alleges disability since May 1, 2008 and has not worked since that time. (R. 228).

Medical Records

Plaintiffs medical records show that she has suffered from bi-polar disorder, depression, anxiety, and PTSD for many years. Treatment records dating from 2008 indicate that Plaintiff has consistently sought medical help for symptoms of isolation, insomnia, manic episodes, depressed mood and energy, decreased appetite, crying spells, decreased concentration, and poor memory. Her condition is linked to sexual abuse she experienced as a child.

Plaintiffs earliest mental health treatment records are from August 2008, when she was seen at Valley Psychiatric Services (“VPS”) in Worcester, Massachusetts. (R. 404-09).1 She had previously been treated at VPS from August 2007 to January 2008, and returned to VPS after living with her father for several months in Georgia. (R. 404, 406). She presented as fully oriented with normal behavior and speech, good eye contact, normal cognitive abilities, but appeared sad and depressed. (R. 408-09). Plaintiff reported that she had been suffering from depression since age 15, and that she had a significant history of childhood sexual trauma. (R. 404, 408). Therapist Diana Nothe-Taylor, M.A. diagnosed Plaintiff with bipolar disorder and PTSD. Id. Plaintiff had a global [143]*143assessment functioning (GAF) score of 48. (R. 409).

In December 2008 Plaintiff was admitted to the emergency room at UMass Memorial Hospital due to symptoms “consistent with a hypomanic episode,” including “poor sleep, sleeping approximately 2 hours a night, increased irritability, increased agitation and anxiousness, feeling overwhelmed due to multiple stressors including parenting stressors, financial stres-sors and housing stressors.” (R. 344). Plaintiffs GAF score was 55, and she was prescribed medication for insomnia and agitation, but did not take it due to its sedating side effects. (R. 344, 347). At her follow-up medical consult with Dr. Rebecca Lundquist on January 16, 2009, Plaintiff was alert and fully oriented with no apparent deficits in attention or concentration. (R. 347). Plaintiff related a long history of depression with her first depressive episode occurring at age 15. (R. 344). She explained that her symptoms also included a “history of difficulty concentrating, decreased motivation, with low energy recently.” Id. She indicated that she would continue her therapy with Nothe-Taylor at VPS. (R. 348). On February 20, 2009, Plaintiff did not show up for a second follow-up visit at UMass Memorial. (R. 343). Dr. Lundquist was able to reach Plaintiff by phone; Plaintiff explained that she did not need to continue treatment at UMass because she was receiving therapy services at VPS. (R. 343).

The medical records confirm that Plaintiff continued to seek treatment at VPS. On February 9, 2009, Plaintiff was seen at VPS and complained of depression, mood swings, and stated that she felt sad and frustrated all the time. (R. 537). Nothe-Taylor’s treatment notes observed that she “has been an active participant in [treatment]” and that Plaintiffs “[depression often gets in the way of [activities of daily living].” (R. 401). Plaintiff did not show up for a scheduled appointment in April. (R. 536). In May, Plaintiff reported to Nothe-Taylor that she felt less anxious and depressed. (R. 400). The report still noted, however, that Plaintiffs anxiety caused her to lack assertiveness and that her depression “gets in the way of [activities of daily living].” Id. In August, Plaintiff reported the same symptoms, and also that she felt helpless and hopeless because she could not find safe housing. (R. 399). Her GAF score was 50. Id.

Plaintiff was seen again at VPS in October. She was fully oriented with normal speech and thought content, but her affect was listed as “sad/depressed.” (R. 535). It was noted that Plaintiff had not been taking her medication “in months” and had been living in a shelter. Id. Plaintiff missed an appointment at VPS in December 2009, and was next seen in February 2010. (R. 533-34). At that point Plaintiff stated that she was feeling better and sleeping well, but had recently taken out a restraining order on her ex-boyfriend. (R. 533). In March, Plaintiff was admitted to Marlborough Hospital after overdosing on sleep medication. (R. 433). Plaintiff denied it was a suicide attempt, but complained of depression, decreased appetite and energy, anhedonia, feelings of guilt, nightmares, crying spells, hypervigilance, decreased concentration and flashbacks. Id. She was discharged on March 29, 2010 with diagnoses of bipolar disorder and PTSD and a GAF of 60. (R. 435).

The following day Plaintiff began a day treatment program at South Bay Mental Health Center to help manage her depression and manic episodes. (R. 561). She participated in the program continuously for nine months before asking for time off due to a death in the family. Id. She was discharged on December 7, 2010 with a GAF of 46 — the same score as upon entry. [144]*144Id.

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Bluebook (online)
91 F. Supp. 3d 139, 2015 U.S. Dist. LEXIS 33600, 2015 WL 1227822, Counsel Stack Legal Research, https://law.counselstack.com/opinion/perry-v-colvin-mad-2015.