Ruiz v. Apfel

26 F. Supp. 2d 357, 1998 WL 772175
CourtDistrict Court, D. Connecticut
DecidedSeptember 9, 1998
DocketNo. 3:97CV2288(AHN)
StatusPublished

This text of 26 F. Supp. 2d 357 (Ruiz v. Apfel) is published on Counsel Stack Legal Research, covering District Court, D. Connecticut primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ruiz v. Apfel, 26 F. Supp. 2d 357, 1998 WL 772175 (D. Conn. 1998).

Opinion

RECOMMENDED RULING ON PENDING MOTIONS

FITZSIMMONS, United States Magistrate Judge.

Plaintiff, Wanda Ruiz, filed this action seeking review, pursuant to 42 U.S.C. § 405(g), of the decision of the Commissioner denying her claim for Supplemental Security Income (“SSI”) benefits under the Social Security Act. Plaintiff filed two motions for summary judgment and defendant moved for an order affirming the decision of the Commissioner. Upon consideration of the motions filed by plaintiff and defendant, the court recommends that plaintiffs motions be denied and defendant’s motion be granted.

[359]*359BACKGROUND

Plaintiff was born on May 8,1966. (See R. 82.)2 She has a seventh or eighth grade education. (See R. 38, 91.) She has never worked. (See Id.) Plaintiff claims that she became disabled in January 1996,3 as a result of depression and anxiety. (See R. 87.)

Plaintiff filed an application for SSI benefits on January 31, 1996. (See R. 82-85.) The application was denied on April 23,1996. (See R. 64-67.) In response to plaintiffs request for reconsideration filed on May 6, 1996, (see R. 68-69), the agency, on June 25, 1996, issued a notice of reconsideration upholding the denial of benefits. (See R. 70-73.) Plaintiff filed her request for a hearing before an ALJ on July 15, 1996. (See R. 74-76.)

The hearing before the ALJ was held on December 11, 1996. (See R. 34-61.) Plaintiff appeared with counsel at the hearing. (See R. 36.) She stated that she experiences depression and anxiety as well as panic attacks. She is afraid to work around people and does not know how to relate to people. She also cannot think “right” because she takes medication. (See R. 39.)

Plaintiff testified that she lives alone with her three school-age children. (See R. 38, 40.) Her sister visits her daily from 9:00 a.m. until 6:30 p.m. (See R. 43.) Plaintiff reported in two activities questionnaires, one undated and one completed on February 9, 1996, that her sister lived with her. (See R. 95, 106.) During the week, plaintiff gets up about 7:12 a.m. and gets her two younger children dressed for school. Her sister helps her manage the children after school. On the weekends, plaintiff is unable to care for her children because of her depression, so her sister cares for them. (See R. 40.) When asked whether she prepared breakfast for the children, the plaintiff responded that the children eat breakfast in school. (See Id.) During the day, plaintiff stays in the house. Depending on her depression, she sometimes does routine housework. She tries to attend a support group/social club to deal with people and spends time with a friend. They talk or go out to eat. (See R. 41, 42.) Plaintiff stated that her sister accompanied her to do the monthly grocery shopping. When she is around people, plaintiff experiences panic attacks which cause her heart to beat quicker and make her feel sweaty and shaky. (See R. 42.) She becomes depressed and feels that she is not worth anything. (See Id.) Plaintiff has no hobbies; she spends her time watching television. (See R. 44.)

Plaintiff testified that she had attempted suicide in 1984. Her current problems stem from an abusive relationship in 1994. (See Id.) At that time she was treated at the Wheeler Clinic and entered a day treatment program lasting one month. (See R. 45-46 .) She has attended weekly group counseling sessions since 1994. (See R. 43, 46.)

Plaintiffs friend testified on her behalf. (See R. 55-59.) The friend stated that she sees plaintiff daily. (See R. 55.) Plaintiff looks “like a zombie.” She is always in a bad mood and isolates herself from people. (See R. 55-56.) The friend witnessed one of plaintiffs panic attacks about a year before the hearing; she described plaintiff as acting “crazy.” (See R. 56 .) Plaintiff does not want to wake up in the morning and sleeps during the day. (R. 56-57.) On some days, plaintiff does not send her children to school because she is tired. Often the friend will telephone plaintiff to remind her to get the children ready for school. (See R. 57.)

Plaintiffs friend stated that plaintiffs sister does the housework during the day while plaintiff visits friends. The visits consist of a short talk over a cup of coffee. (See R. 57-58.) Plaintiffs friend stated both that plaintiffs sister did the cooking and that plaintiffs sister helped with dinner only occasionally. (See R. 57.)

The ALJ also heard testimony from a vocational expert. (See R. 48-54.) The voca[360]*360tional expert considered three hypothetical all of which were based upon a person exhibiting

a slight degree of impairment in terms of activities of daily living; a moderate restriction in terms of difficulties in maintaining social functioning; ... moderate or often deficiencies of concentration, persistence and pace[; mjore specifically, ... a moderate degree of limitation in terms of the ability to maintain attention and concentration for extended periods; moderate degree of limitation in terms of the ability to work in coordination or proximity with others without being distracted by them[;] ... a moderate degree of limitation in terms of the ability to complete a normal work day and work week without interruptions from psychologically-based symptoms, and to perform at a consistent pace and without any unreasonable number and length of rest periods; a moderate degree of restriction in the ability to travel in unfamiliar places or use public transportation; a moderate degree of limitation in the ability to set realistic goals or make plans independently of others.

(R. 49-50.) In response to the hypothetical most favorable to plaintiff, the vocational expert testified that, even if plaintiffs testimony were found fully credible, her ability to engage in substantial gainful activity was not severely limited. (See R. 52.) Plaintiff could work as a bench assembler or hand packer as those jobs required only minimal contact with others. (See R. 53-54.) She also might be able to work as a cleaning person. (See R. 54.)

The ALJ had before him medical evidence for the period from June 1984 through March 1996. The evidence relevant to plaintiffs psychological impairments, however, primarily covers the period from February 1994 through March 1996. A summary of the relevant medical evidence follows.

In June 1984, plaintiff was admitted to St. Francis Hospital in Hartford, Connecticut, after an attempted drug overdose. She was diagnosed as suffering from an adjustment disorder with depressed mood. (See R. 166-69.) The next reference to plaintiffs mental impairment is in a February 18, 1994 Emergency Department Report from the Bristol Hospital in Bristol, Connecticut. Plaintiff was reported as suffering from depression with possible previous panic attacks and was prescribed medication. (See R. 227-33.) On two occasions in March 1994, plaintiff reported to the Bristol Hospital Emergency Department. On March 4, 1994, she complained that she was depressed and unable to sleep. The impression was anxiety disorder and possible depression. (See R.

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26 F. Supp. 2d 357, 1998 WL 772175, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ruiz-v-apfel-ctd-1998.