Pulley v. Berryhill

295 F. Supp. 3d 899
District Court, E.D. Illinois·Decided March 2, 2018·No. No. 16 CV 50366·Published·Cited by 5 cases

Opinion

Iain D. Johnston, United States Magistrate Judge

This case involves a recurring theme that this Court has repeatedly noted. Namely, this case involves another young, not particularly likeable claimant, who also happens to suffer from some form of mental illness. See, e.g. , Largent v. Colvin , 2016 WL 47918, *1 (N.D. Ill. Jan. 5, 2016). And, again, this Court ultimately determines that the case must be remanded despite evidence in the administrative record that supports the administrative law judge's concerns about the claimant.

Plaintiff Javante Pulley filed an application for supplemental security income when he was 20 years old, alleging that he was disabled based on his mental illnesses and cognitive impairments. Over the years and beginning when he was a young boy, he has been diagnosed variously with paranoid schizophrenia, schizoaffective disorder, bipolar disorder, borderline intellectual functioning based on multiple low IQ scores, a learning disability, and attention deficit hyperactivity disorder. After two administrative hearings, at which plaintiff and a medical expert (Dr. Heinemann) testified, the administrative law judge ("ALJ") concluded that plaintiff's schizoaffective disorder constituted a severe impairment (but that his ADHD and other alleged illnesses did not), and then found that plaintiff could perform a full range of work subject to certain limitations. This decision rested on two primary rationales.

First, the ALJ concluded that plaintiff was exaggerating or lying about his symptoms and limitations, as well as about other matters, such as whether he ever drove a car and how much alcohol and marijuana he consumed. This conclusion rested heavily on the observations of consulting psychologist, Dr. John Peggau, and also, to a lesser degree, on a statement by a school psychologist. The ALJ also found that plaintiff's testimony was "articulate" and "responsive," thus reinforcing the conclusion that he was more capable than he was portraying himself to be. In short, this is a malingering rationale.

Second, the ALJ also relied on a non-compliance rationale, a theory arguably at odds with the first one. The ALJ concluded that plaintiff's bad periods-the hospitalizations, the hearing of voices, several alleged suicide attempts, and an arrest-were largely the result of his voluntary decision not to take his medications. See R. 23 ("He was in crisis due to noncompliance.");

*901R. 22 ("The voices go away while he is on his medications."). But when he took his medications, his symptoms "were reportedly in good control, or at least stable with no hallucinations." R. 23.

In this appeal, plaintiff's main argument for remand is that the ALJ failed to give any consideration to the possibility that plaintiff's mental illnesses made it difficult to comply with treatment recommendations and also perhaps even contributed the impression by some that he was malingering. As set forth below, this argument warrants a remand.

The Seventh Circuit has repeatedly held that ALJs must consider the effect mental health illnesses may have on a claimant's ability to comply with treatment. In Kangail v. Barnhart , 454 F.3d 627 (7th Cir. 2006), a case involving a bipolar claimant who had difficulty adhering to treatment recommendations, the Seventh Circuit stated as follows:

The administrative law judge thought the plaintiff's inability to hold a job unimportant because she could work when she took her medicine. And it is true that bipolar disorder is treatable by drugs. But mental illness in general and bipolar disorder in particular (in part because it may require a complex drug regimen to deal with both the manic and the depressive phases of the disease) may prevent the sufferer from taking her prescribed medicines or otherwise submitting to treatment. The administrative law judge did not consider this possibility.

Id. at 630 (internal citations omitted). Subsequent Seventh Circuit cases have relied on a similar rationale. See Jelinek v. Astrue , 662 F.3d 805, 814 (7th Cir. 2011) ("ALJs assessing claimants with bipolar disordermust consider possible alternative explanations before concluding that non-compliance with medication supports an adverse credibility inference.") (emphasis added); Spiva v. Astrue , 628 F.3d 346, 351 (7th Cir. 2010) ("The administrative law judge's reference to Spiva's failing to take his medications ignores one of the most serious problems in the treatment of mental illness-the difficulty of keeping patients on their medications. The drugs used to treat schizophrenia, for example, can make a patient feel drowsy and stunned."); see also Shauger v. Astrue , 675 F.3d 690, 696 (7th Cir. 2012) ("Although a history of sporadic treatment or the failure to follow a treatment plan can undermine a claimant's credibility, an ALJ must first explore the claimant's reasons for lack of medical care before drawing a negative inference"). In all these cases, the Seventh Circuit held that a remand was required.2

The Government acknowledges this line of cases, but argues that the ALJ, in fact, "did explore the reasons for plaintiff's non-compliance," but "ultimately found them unconvincing." Dkt. # 16 at 4. The Court is not persuaded by this argument.

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