Phillips v. Astrue

912 F. Supp. 2d 749, 2012 WL 6044875, 2012 U.S. Dist. LEXIS 172378
CourtDistrict Court, S.D. Indiana
DecidedDecember 5, 2012
DocketCase No. 1:11-cv-01372-TWP-TAB
StatusPublished

This text of 912 F. Supp. 2d 749 (Phillips v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Phillips v. Astrue, 912 F. Supp. 2d 749, 2012 WL 6044875, 2012 U.S. Dist. LEXIS 172378 (S.D. Ind. 2012).

Opinion

ENTRY ON JUDICIAL REVIEW

TANYA WALTON PRATT, District Judge.

Plaintiff, Sonja M. Phillips (“Ms. Phillips”), requests judicial review of the decision of Defendant, Michael J. Astrue, Commissioner of the Social Security Administration (“the Commissioner”), denying Ms. Phillips’s application for Disability Insurance Benefits (“DIB”). For the reasons set forth below, the Commissioner’s decision is AFFIRMED.

I. BACKGROUND

Ms. Phillips was born in 1972, is a high school graduate, and has an associate degree in paramedic science. Dkt. 14-2 at 45. Ms. Phillips alleges an impairment onset date of February 22, 2002. Dkt. 14-5 at 121-23. Her only relevant work experience was as a paramedic, Dkt. 14-2 at 52, and she worked as a paramedic until February 2003 when her impairment caused her to stop. Dkt. 14-2 at 35-36. Her symptoms included dizziness, anxiety, loss of concentration, nightmares, and vomiting or dry heaving before going to work. Dkt. 14-2 at 36. Although Ms. Phillips stopped working in 2003, she did not apply for DIB until 2007 because she was terrified of applying for the benefits and thought she would get better. Dkt. 14-237, 35. Ms. Phillips was 36 years old on the date last insured. Dkt. 14 at 25, 45.

A. Procedural History

Ms. Phillips filed an application for DIB on January 19, 2007, alleging disability since February 22, 2002 due to depression, post-traumatic stress disorder, and anxiety. Dkt. 14-5 at 121-23. Her claim was denied on June 13, 2007, Dkt. 14-4 62-65, and again after reconsideration on March 26, 2008. Dkt. 14-4 68-70. Ms. Phillips requested a hearing before an Administrative Law Judge (“ALJ”) on May 26, 2008. Dkt. 14-4 at 71-72. The ALJ held a hearing on May 19, 2010 at which Ms. Phillips (with the assistance of a non-attorney representative) and a vocational expert testified. Dkt. 14-2 at 31-59.

On June 8, 2010, the ALJ found Ms. Phillips not disabled and that she was limited to jobs requiring no stringent speed or production requirements, in a stable work setting, and with only occasional interaction with supervisors, co-workers, and the public. Dkt. 14-2 at 18. The ALJ also found Ms. Phillips could perform a significant number of jobs in the national economy despite her limitations. Dkt. 14-2 at 14-26. Ms. Phillips requested review of the ALJ’s decision by the Appeals Council on July 19, 2010. Dkt. 14-4 at 120. Her request was denied and the ALJ’s decision became the Commissioner’s final decision. Dkt. 14-2 at 1. Ms. Phillips initiated this civil action for judicial review of the Commissioner’s final decision under 42 U.S.C. § 405(g).

B. Medical History

1. Patrick Foley, M.D.

On February 27, 2003, Ms. Phillips sáw Dr. Patrick Foley (“Dr. Foley”) as a new patient complaining of dizziness and episodes of lightheadedness. Dkt. 14-7 at 297. Dr. Foley recommended blood and other tests. At a follow-up appointment on March 5, 2003, Dr. Foley discussed test results and the possibility of hypothyroidism. Dkt. 14-7 at 297. On March 25, 2003, Dr. Foley noted that thyroid testing was normal, but that Ms. Phillips reported suffering from insomnia and feeling “so bad” for the past two to three years. Dkt. 14-7 at 297. Dr. Foley opined that Ms. Phillips’s symptoms were due to depression and recommended a trial of Zoloft. [752]*752Dkt. 14-7 at 297. On April 15, 2003, Dr. Foley followed up with Ms. Phillips who reported that the Zoloft helped with her sleep, irritability, and mood swings, but she was feeling increased anxiety. Dkt. 14-7 at 296. Dr. Foley prescribed Lexapro and encouraged Ms. Phillips to decrease her work shift from twenty-four to twelve hours. Dkt. 14-7 at 296. At a follow-up appointment on May 13, 2003, Ms. Phillips stated that she was feeling poorly and reported continued spontaneous crying spells. Dkt. 14-7 at 296. Dr. Foley and Ms. Phillips decided to continue Lexapro to see if Ms. Phillips would improve. Dkt. 14-7 at 296.

On May 19, 2003, Ms. Phillips called Dr. Foley’s office for a new prescription. Dkt. 14-7 at 296. Ms. Phillips reported that her insomnia and spontaneous crying spells had returned, that she was having suicidal thoughts, and that she had written her husband a suicide note. Dkt. 14-7 at 296. Thereafter, on May 21, 2003, Ms. Phillips was admitted to St. Vincent Hospital and Health Services for increased symptoms of what appeared to be post-traumatic stress disorder (“PTSD”). Dkt. 14-7 at 252-53. While hospitalized, Ms. Phillips began taking a combination of Xanax, Lexapro, and Sonata. Dkt. 14-7 at 252. Ms. Phillips followed up with Dr. Foley on June 3, 2003. Dkt. 14-7 at 296. Dr. Foley noted that Ms. Phillips was attending a partial hospitalization program from 9:00 a.m. until 3:00 p.m. every day through June 23, 2003, and afterward would enter an outpatient program. Dkt. 14-7 at 296. Additionally, he noted that Ms. Phillips was feeling “much better” and seemed positive about her situation. Dkt. 14-7 at 206. Ms. Phillips saw Dr. Foley for unrelated issues in September 2003. Dkt. 14-7 at 295. Ms. Phillips saw Dr. Foley on December 29, 2003 to “discuss disability.” Dkt. 14-7 at 295. At that appointment, Dr. Foley noted Ms. Phillips had been seeing a psychiatrist, Dr. Enable, and was taking Zoloft and Elonopin. Dkt. 14-7 at 295. Dr. Foley noted Ms. Phillips had PTSD and suggested Ms. Phillips provide disability paperwork to Dr. Enable. Dkt. 14-7 at 295.

2. Methodist Medical Group Behavioral Health Services

Debra Troyer Buck, Ph.D. (“Dr. Buck”) of Methodist Medical Group (“MMG”) began treating Ms. Phillips on June 30, 2003. Dkt. 14-7 at 306-10. Ms. Phillips reported a depressed mood, eating changes, weight changes, moodiness, decreased energy, sleep disturbance, anger, and anxiety. Dkt. 14-7 at 306. Ms. Phillips reported physical symptoms of gastrointestinal upset and dizziness. Dkt. 14-7 at 307. Dr. Buck’s examination revealed no suicidal thoughts or potential for harm to self. Dkt. 14-7 at 307. Dr. Buck noted Ms. Phillips had withdrawn behavior, fair judgment, slowed speech, guarded thought process, feelings of worthlessness, a flat and sad effect, slowed motor activity, and a history of significant trauma. Dkt. 14-7 at 309. Dr. Buck diagnosed PTSD, major depression, and ruled-out dependent traits. Ms. Phillips’s global assessment functioning (“GAF”) score was 52.1 Dkt. 14-7 at 309. Dr. Buck’s recommendation was that Ms. Phillips should return for continued assessment and treatment. Dkt. 14-7 at 309.

However, the next treatment entry for MMG is dated September 26, 2006 when Ms. Phillips returned to see the attending psychiatrist at the facility for medications. Dkt. 14-7 at 304. Ms. Phillips has presented no records or other evidence of treatment at MMG between 2003 and 2006. At her September 26, 2006 appointment, Ms. Phillips reported that everything was [753]*753going well and that she was less afraid to leave her house. Dkt. 14-8 at 360. She further reported her medications were working well. Dkt. 14-8 at 360. On October 30, 2006, Ms. Phillips saw Dr. Buck. Dkt. 14-8 at 361. Ms. Phillips reported Dr. Enable had changed her medication and complained of increased depression and anger due to the medication change. Dkt. 14-8 at 361. A mental status examination revealed tearfulness, a sad mood, and anxiety. Ms. Phillips was diagnosed with major depression and a history of PTSD. Dkt. 14-8 at 361.

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Bluebook (online)
912 F. Supp. 2d 749, 2012 WL 6044875, 2012 U.S. Dist. LEXIS 172378, Counsel Stack Legal Research, https://law.counselstack.com/opinion/phillips-v-astrue-insd-2012.