Robert Blackburn v. Carolyn W. Colvin

761 F.3d 853, 2014 WL 3746882, 2014 U.S. App. LEXIS 14631
CourtCourt of Appeals for the Eighth Circuit
DecidedJuly 31, 2014
Docket13-2234
StatusPublished
Cited by197 cases

This text of 761 F.3d 853 (Robert Blackburn v. Carolyn W. Colvin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eighth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Robert Blackburn v. Carolyn W. Colvin, 761 F.3d 853, 2014 WL 3746882, 2014 U.S. App. LEXIS 14631 (8th Cir. 2014).

Opinion

MURPHY, Circuit Judge.

Robert James Blackburn filed for disability insurance benefits and supplemental security income (SSI) benefits, alleging that he was disabled due to bipolar disorder, severe explosive disorder, post traumatic stress disorder (PTSD), and attention deficit hyperactivity disorder (ADHD). After a hearing before an administrative law judge (ALJ), Blackburn’s application was denied. The Appeals Council denied review and Blackburn appealed the Commissioner’s final decision to the district court 2 which affirmed. Blackburn now appeals to this court. After full consideration, we now affirm.

In March 2010 Blackburn applied for disability insurance benefits under Title II and SSI benefits under Title XVI of the Social Security Act. Blackburn, who was 28 years old at the time, alleged that he had been disabled since April 1, 2009 due to bipolar disorder, severe explosive disorder, PTSD, and ADHD. According to his application he had stopped working as a roofer in March 2009 due to his medical conditions. He had previously worked in distribution, manufacturing, and construction. Blackburn reported that he lived with various family members. He watched over his children sometimes and visited them. He prepared his own meals daily and shopped for food once a month. He did not go out much unless he had appointments, because he was not comfortable with people and experienced anxiety. He stated that he was irritable, moody, and angry which created problems getting along with others.

Prior to his alleged onset date, Blackburn was hospitalized for depression with suicidal ideation in August 2008. Blackburn subsequently received medical care at Hillcrest Family Services between November 2008 and the hearing date in September 2011. Most of his appointments were with Sarah Justmann, an advanced registered nurse practitioner (ARNP). Blackburn had Global Assessment of Functioning (GAF) scores assessed between August 2008 and June 2011. Out of twenty one such assessments in the record, Blackburn had five scores in the “mild” range (61-70) and six scores in the “moderate” range (51-60); the remaining ten scores were in the “severe” range (41— 50).

In May 2010 Dr. Keith Gibson, Ph.D., a psychologist, conducted a consultative exam for the Iowa Disability Determination Service. Blackburn arrived on time and was cooperative. He scored 24 out of 30 points on a “mini mental status exam” which Dr. Gibson noted was consistent with a history of ADHD and “inadequate schooling.” Blackburn reported that he fixed his own meals and “usually stay[ed] in during the week and like[d] to watch movies.” He spent time with his oldest child on weekends and went to the li *856 brary; they had recently gone fishing. Dr. Gibson noted that Blackburn’s emotional instability and ADHD “significantly impair[ed] [his] capacity to maintain attention, concentration, and pace sufficient for a full-time gainful environment” and he was most severely impaired in interpersonal relationships. Dr. Gibson concluded however that Blackburn “retain[ed] the cognitive capacity to respond adaptively and flexibly to changes in the work place, especially in solitary work environments, but not so much in work environments] which require appropriate interactions with others.” According to Dr. Gibson, Blackburn appeared “capable of remembering and understanding simple instructions, procedures, and locations in a work setting.”

The same month Dr. Jennifer Ryan, Ph. D., conducted a mental residual functional capacity assessment and psychiatric review based on Blackburn’s medical record. She concluded Blackburn was not significantly limited in understanding and memory and was at most moderately limited in the areas of sustained concentration and persistence, but had marked limitations in interacting appropriately with the public. In her opinion Blackburn had “generally moderate symptom severity and improvements with medication.” Dr. Ryan noted that Blackburn’s symptoms had been exacerbated since February 2010 which she attributed to situational stressors. She also concluded that Blackburn demonstrated a capacity for brief appropriate interactions during evaluations and medical appointments. According to Dr. Ryan, the preponderance of the evidence “supported] the assertion that [Blackburn] is able to carry out simple instructions and perform routine, repetitive job tasks in work environments with only minimal interpersonal demands.”

Blackburn’s application was denied initially in May 2010 and denied on reconsideration in July 2010. In April 2011 Justmann, who was treating Blackburn, prepared a mental residual functional capacity questionnaire. The ALJ later characterized Justmann’s assessment as showing “serious to marked limitations in [Blackburn’s] mental functioning resulting in an inability to maintain regular work attendance or meet competitive work standards.” Justmann noted that Blackburn was “anxious and angry around people” and had had homicidal thoughts in the past.

Blackburn requested a hearing before an administrative law judge (ALJ) which was held via videoconference on September 27, 2011. At the hearing, Blackburn testified that he had completed the tenth grade and had no formal vocational training. Regarding his most recent employment, Blackburn testified that he stopped going to his roofing job because he “was just getting too overwhelmed” and found it difficult to get along with his coworkers. At the time of the hearing Blackburn was living with his mother. Blackburn testified that he spent the day sleeping or watching television. His oldest son visited him several times a month. According to Blackburn, he easily became agitated and angry, and there were times when he would not leave the house because he did not like being around people. He could not go grocery shopping and could not remember the last time that he went to a store; his mother did his grocery shopping for him. Blackburn testified that he only went to his court ordered monthly appointments at Hillcrest, and sometimes went but then walked out. He testified however that he had lived on his own in an apartment provided by a housing program for about a year from April 2010 until about two months prior to the hearing. As part of this program he attended mandatory monthly appointments at Hillcrest. Dur *857 ing this time his mother would check on him sometimes and bring him food.

Blackburn testified that he had a prior alcohol abuse problem, particularly during a difficult period following a cousin’s murder, but had not consumed alcohol since “mid last year, maybe longer” and could not drink alcohol due to his current medication. Blackburn testified that he was on another medication but could not afford to renew his prescription and that his symptoms had since worsened. He testified regarding prior medications and side effects, stating that his medication generally helped his symptoms. Blackburn also described recurring homicidal thoughts. He also reported that in October 2010 he “blew up” at a family meeting about visitation and in March 2011 had an altercation with his ex girlfriend during a supervised visitation with his oldest son, during which he broke a window. Blackburn testified that he had not had any altercations in “a long time,” noting that over the past few years he had “basically kept to [himself].”

Blackburn’s mother, Corrine Plusall, testified at the hearing that Blackburn had visited her home often when he had his own apartment.

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761 F.3d 853, 2014 WL 3746882, 2014 U.S. App. LEXIS 14631, Counsel Stack Legal Research, https://law.counselstack.com/opinion/robert-blackburn-v-carolyn-w-colvin-ca8-2014.