Ryan Lazier v. Carolyn Colvin

601 F. App'x 442
CourtCourt of Appeals for the Seventh Circuit
DecidedFebruary 6, 2015
Docket14-2528
StatusUnpublished
Cited by1 cases

This text of 601 F. App'x 442 (Ryan Lazier v. Carolyn Colvin) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ryan Lazier v. Carolyn Colvin, 601 F. App'x 442 (7th Cir. 2015).

Opinion

*443 ORDER

Ryan Lazier applied for disability-insurance benefits and supplemental-security income based on his bipolar disorder, which had been complicated by his history of substance abuse. An administrative law judge found that Lazier’s impairments met the Social Security Administration’s disability listings for both affective and substance-addiction disorders. After assessing whether Lazier was disabled when not using drugs, see 42 U.S.C. § 423(d)(2)(C); 20 C.F.R. § 416.935, the ALJ determined that he was not and denied the claim. The district court upheld the agency’s decision. On appeal Lazier challenges the ALJ’s findings concerning his credibility and the weight accorded his treating psychiatrist’s opinion. Because substantial evidence supports the ALJ’s decision, we affirm.

Lazier applied for benefits at the age of 44, claiming that his bipolar disorder rendered him unable to work. He had worked for the last 13 years building crates and packing shipments but lost that job in 2004 because of a reduction in force. (He told his doctors, however, that he was fired for absenteeism related to substance abuse.) Soon after he lost his job, Lazier experienced paranoid delusions and suicidal thoughts and was hospitalized. He felt depressed, he told the doctors, and said he had binged on cocaine for 12 straight hours before his family brought him to the emergency room. He was diagnosed with cocaine abuse and bipolar disorder, an affective disorder characterized by alternating manic, hypomanie, or mixed episodes with major depressive episodes. See Sted-man’s Medical Dictionary 568 (28th ed.2006). He was treated with antipsy-chotic medication and began seeing a psychiatrist, Dr. Paragini Chandarana. He also entered a drug-treatment program, but his participation in the program was short-lived. He was expelled after only three months when he tested positive for cocaine. During this time he was also jailed for a domestic-violence incident.

Lazier continued to see Dr. Chandarana on a monthly basis over the next four years. Her treatment notes reflect that Lazier’s condition eventually stabilized: he stayed sober and clean, took his medication, looked for a part-time job, retained “clear” thought processes and average intelligence despite a low attention span, and attended Alcoholics Anonymous and Narcotics Anonymous meetings about three times a week. The doctor noted that the medication stabilized Lazier’s bipolar symptoms and that Lazier could “remember and focus well.” Dr. Chandarana continued to prescribe antipsychotic and antidepressant medication, which prevented paranoid and suicidal thoughts and produced no side effects.

Dr. Chandarana also recorded observations of Lazier’s daily life. She noted that he performed “4(M5 hrs/week volunteer service,” though she did not elaborate on what he did or the number of weeks he volunteered. (At oral argument Lazier’s attorney stated that Lazier performed custodial work but took as many breaks as he needed.) Lazier lived with his parents, helped them with household chores, and cared for his ill mother. In his spare time, he repaired ears and read. To supplement his income, he rented out a house that he owned. Lazier reported having no social life outside of the meetings for Alcoholics Anonymous and Narcotics Anonymous.

In connection with his application for benefits, Lazier underwent various mental evaluations in 2007 and 2008. Dr. Chan-darana filled out a form evaluating Lazier’s ability to work in light of his mental impairments. She characterized him as having a fair ¡ability to remember simple instructions, interact with others, and ask for help, but a poor ability to maintain concentration, make simple decisions, ac *444 cept instructions and criticism, and complete a normal workweek. Dr. John Brauer, a consulting psychologist who examined Lazier, confirmed symptoms consistent with bipolar disorder and a “somewhat impaired” ability to concentrate, but opined that he was stable and his general knowledge and judgment remained “grossly intact.” A state-agency consultant filled out a form entitled “psychiatric review technique,” assessed Lazier’s basic cognitive functioning as “adequate with notable limitations in attention and concentration,” and concluded that he “could concentrate and persist adequately on tasks within an organized setting.” The same form was also completed by another state-agency psychologist who reported based on a review of the file that Lazier had “intact cognition/memory and thought processes for carrying out a wide variety of multiple step tasks.”

At his hearing before an ALJ in mid-2009, Lazier testified about the severity of his limitations when he was sober and taking medication. The medication “helpfed him] function daily,” Lazier said, but he experienced racing thoughts and “up and down mood swings” throughout the day during which he could not concentrate. The depression made him tired, he added, so he took a three-hour nap every day. He estimated that he could work 20 hours each week. As for his substance-abuse history, he stated that he relapsed in July 2008 when he stopped taking his antipsychotic medication, but he reentered the drug-treatment program and since has stayed sober.

A vocational expert testified that a hypothetical claimant of Lazier’s age with bipolar disorder whose ability to concentrate for extended periods was moderately limited would not be able to perform his past work as a packer — which required significant concentration — but could work in a less mentally demanding job like a laundry worker, store laborer, or dish washer. But the VE clarified that a claimant would not be employable in those jobs if he had the limitations noted in Dr. Chandarana’s assessment — a poor ability to maintain concentration, make simple decisions, accept instructions and criticism, and complete a normal workweek.

The ALJ submitted interrogatoi’ies to two state-agency consultants who disagreed with Dr. Chandarana’s assessment and concurred with the other consultants that Lazier was stable and could perform simple tasks. First, psychologist Ellen Rozenfeld concluded based on her review of the file that Lazier’s bipolar disorder was “stable on medication” and “nonsev-ere.” She noted “no limitations” in his daily activities with “mild limitations” in social functioning and maintaining concentration. Dr. Rozenfeld gave “little weight” to Dr.' Chandarana’s assessment of Lazier’s limitations because “the suggested limitations are not supported by the underlying progress notes and the underlying progress notes are consistent with the narrative of [Dr. Brauer] suggesting that [Lazier] was stable.” The second consultant, David Biscardi, also reviewed Lazier’s file and reported that absent substance abuse, Lazier “retainfed] the capacity to understand, remember, carry out and sustain performance of simple routine tasks, complete a normal workday, interact with coworkers/supervisors and adapt to changes/stressors associated with simple routine competitive work activities.”

The ALJ applied the five-step evaluation process and denied Lazier’s application for benefits. See 20 C.F.R. § 404.1520.

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601 F. App'x 442, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ryan-lazier-v-carolyn-colvin-ca7-2015.