Quaite v. Barnhart

312 F. Supp. 2d 1195, 2004 WL 743832
CourtDistrict Court, E.D. Missouri
DecidedMarch 25, 2004
Docket4:02CV1954 DDN
StatusPublished
Cited by9 cases

This text of 312 F. Supp. 2d 1195 (Quaite v. Barnhart) is published on Counsel Stack Legal Research, covering District Court, E.D. Missouri primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Quaite v. Barnhart, 312 F. Supp. 2d 1195, 2004 WL 743832 (E.D. Mo. 2004).

Opinion

312 F.Supp.2d 1195 (2004)

Sharon QUAITE, Plaintiff,
v.
Jo Anne B. BARNHART, Commissioner of Social Security, Defendant.

No. 4:02CV1954 DDN.

United States District Court, E.D. Missouri, Eastern Division.

March 25, 2004.

*1196 Frank J. Niesen, Jr., Niesen Law Office, St. Louis, MO, for Plaintiff.

Deborah L. Golemon, Office Of U.S. Attorney, St. Louis, MO, for Defendant.

MEMORANDUM

NOCE, United States Magistrate Judge.

This action is before the court for judicial review of the final decision of defendant Commissioner of Social Security on the application plaintiff Sharon Quaite for a period of disability and disability insurance benefits under Title II and Subchapter XVIII, Part A, of the Social Security Act (the Act), 42 U.S.C. §§ 401, et seq., and supplemental security income (SSI) benefits under Title XVI of the Act, 42 U.S.C. §§ 1381, et seq. The parties have consented to the exercise of plenary jurisdiction by the undersigned United States Magistrate Judge pursuant to 28 U.S.C. § 636(c).

I. BACKGROUND

A. Plaintiff's application and medical records

In August 1998, Sharon Quaite applied for benefits, claiming she has been disabled since August 31, 1996. She maintained that depression and personality disorder limited her ability to work by causing weight loss and making her disoriented, tired, confused, unmotivated, and irritable. (Tr. 100-02, 132.)

In July and August 1998, plaintiff underwent psychiatric hospitalization and court-ordered drug and alcohol rehabilitation. In September 1998, she began treatment with Dr. Jose DaSilva at Midwest Psychiatry, where she was diagnosed with depressive disorder not otherwise specified, phobic disorder, borderline personality disorder, and bipolar disorder. By April 1999, he observed her symptoms were under adequate control. On June 7, 1999, Midwest Psychiatry staff noted that her mood "for the most part" was "o.k." Her appetite and sleep were okay, although she still reported some irritability and feeling hopeless. (Tr. 183-89, 191-269, 286-90, 298-301.)

On June 9, 1999, F. Timothy Leonberger, Ph.D., conducted a consultative psychological examination. He noted that plaintiff appeared to have gone through a period of major depression with psychotic features during the previous summer. Summarizing test results, he noted that her performance of Trail Making Tests A and B indicated that she had no cognitive deficits. As to personality functioning, he noted that Beck Depression Inventory testing indicated that she was currently moderately depressed, while Minnesota Multiphasic Personality Inventory (MMPI) testing indicated mild and chronic depression and social introversion. Based on a review of plaintiff's clinical history, mental status, and current test results, he indicated, as relevant, the following diagnoses: a history of major depression with psychotic features, dysthymic disorder, and anxiety disorder not otherwise specified; personality disorder not otherwise specified with dependant and borderline features; and a current Axis V Global Assessment of Functioning (GAF) of 50. (Tr. 291-96.)

Addressing the issue of functional limitations, Dr. Leonberger noted plaintiff was able to take care of most of her activities, i.e., cleaning her home, cooking, and driving, but handled finances and shopped with her husband. Thus, he concluded that she had only mild impairment in activities of daily living. Next, he noted that she was depressed and socially withdrawn, had few friends, and was anxious in most social situations. He therefore concluded that she had moderate to marked impairment in social functioning. Because her general health was good such that she should not have difficulties with persistence and pace *1197 on most jobs unless it was depression related, and her concentration and memory might be mildly to moderately affected by anxiety and depression, he next concluded that she had a mild to moderate impairment in concentration, persistence, and pace. In addition, noting that she was trained as a hairdresser, had functioned for five years at that position, and appeared to be stable on her current medication, he concluded that she had moderate impairment in deterioration or decompensation in work or work-like settings. Finally, under the heading "Statement of Capacity," he opined that she "is capable of handling funds in her own best interest." (Tr. 295-96.)

B. The hearing testimony

At the hearing before the Administrative Law Judge (ALJ) on May 20, 1999, plaintiff testified to the following. She earned a GED, completed beauty school, had some college education, and was working toward a nursing degree. She lives with her husband and their four children, including a six year-old son with Down Syndrome. When he was born, however, she stopped attending college. She also had five children from a previous marriage. She last worked in 1996 as a full-time school bus driver and earned $6,000, but quit to care for her children. In 1990, after receiving x-rays at a vocational rehabilitation clinic, she was diagnosed with arthritis in the shoulders. It did not prevent her from driving the bus. (Tr. 32-34, 39, 57.)

She went part-time to a community college for hotel/restaurant management and culinary arts starting in the fall of 1997 but, having depression problems, she stopped attending the next spring. She was not on medication and had no doctor at the time. (Tr. 51-52.)

Her psychiatrist, Dr. DaSilva, prescribed Depakote and Hydroxy for her depression. She sees him monthly for medication but not counseling. Her depression makes her lose interest in things. Stress contributes to her depression. (Tr. 34-35, 50-51.)

The previous summer, her gynecologist prescribed hormone pills and told her she was not depressed. Her priest sent her to the Metropolitan Psyche Center. On July 7, 1998, she went to St. John's emergency room, but it would not take her. She returned on July 13, but was sent to the psyche center, where she signed herself in. She was then sent to Archway for nine days. (Tr. 53-54.)

Her symptoms before going into the hospital were paranoia, fear of leaving the house or going out alone, hearing voices, and thinking she was allergic to the drug Paxil. She heard her exhusband's voice telling her she was stupid and heard an unidentified voice tell her to kill herself. She had had thoughts of suicide, but those thoughts ceased. (Tr. 61-62.)

She gets up at 6:00 a.m. daily but often goes back to sleep until the children wake at 9:00 a.m. She then makes them breakfast and conducts learning activities. She lays on the couch in the afternoon. Her husband's sixteen year-old son goes to school half a day; for four months prior to that he stayed at home and helped care for her kids and with chores. She home-schools her Down Syndrome son, but he would go to school in the fall. Sometimes she must take care of his personal needs, e.g., assist him in the toilet. (Tr. 32, 41-42, 44, 48-49.)

She can drive a car but does not have one at her disposal regularly. She gets in the car and leaves the house about twice a week. She never leaves the house without accompaniment. She occasionally attends church. She takes her children to the park. Her husband takes her grocery shopping. She has no hobbies and does no gardening. (Tr. 42-44, 47-48, 62-63.)

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Cite This Page — Counsel Stack

Bluebook (online)
312 F. Supp. 2d 1195, 2004 WL 743832, Counsel Stack Legal Research, https://law.counselstack.com/opinion/quaite-v-barnhart-moed-2004.