Sheri Curler v. Comm'r of Social Security

561 F. App'x 464
CourtCourt of Appeals for the Sixth Circuit
DecidedApril 1, 2014
Docket13-1721
StatusUnpublished
Cited by36 cases

This text of 561 F. App'x 464 (Sheri Curler v. Comm'r of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Sheri Curler v. Comm'r of Social Security, 561 F. App'x 464 (6th Cir. 2014).

Opinion

SILER, Circuit Judge.

Sheri Curler appeals the district court’s judgment affirming the Commissioner’s denial of supplemental security income (“SSI”). For the following reasons, we AFFIRM.

I. FACTS

Curler was born in 1968, has a high school equivalent education, and her employment history includes work as a cashier, a day care worker, and a teacher’s assistant. At the time of the most recent administrative hearing, she lived with her then ten-year-old son. Curler’s September 2007 application for SSI benefits alleged that limitations related to back problems, depression, anxiety, and bipolar disorder prevented her from working as of November 1, 2006.

Medical Evidence of Mental Functioning

In March 2006, Curler was assessed at List Psychological Services (“List”) as having a Global Assessment of Functioning (“GAF”) score of 58. 1 She was discharged from List in June 2007; the discharge summary signed by both Curler’s therapist and treating psychiatrist indicates a diagnosis of bipolar disorder and anxiety. Her prognosis was deemed “fair” and she was assigned a GAF score of 55. Her treating psychiatrist assessed only mild or moderate limitations — rather than marked or extreme impairments — in various areas of functioning. It was also noted that Curler was largely noncompliant with attending therapy sessions, the last of which took place in December 2006.

At Curler’s first visit with psychiatrist Michael Ingram, M.D., in September 2007, he performed a Comprehensive Psychiatric Assessment. Dr. Ingram observed that she was “alert and oriented,” that her immediate, short-term and long-term memory was “intact,” that her concentration was normal, and that she had a general fund of knowledge. Dr. Ingram diagnosed major depression (recurrent) and unspecified anxiety disorder, assessed a GAF score of 41-50, 2 and a fair prognosis. The next month, Curler told Dr. Ingram that her depression was at a severity level of five on a ten-point scale. Dr. Ingram noted Curler’s mood was somewhat anxious, but her thoughts were clear and organized, and her affect was appropriate.

On January 15, 2008, psychologists Sally Glowicki and Ann Date performed a consultative examination of Curler at the request of Michigan’s Disability Determination Service. At that time, it was noted that Curler was “able to drive, manage money, do laundry, cook, and clean ... [but that] grocery shopping [was] difficult[ ] at times due to her back and she ignores cleaning the house due to depression.” Her “carriage, station and gait appeared unremarkable” and “[n]o overt pain *467 behaviors were observed.” Her speech was noted as “logical, organized and relevant.” She was oriented as to person, place, and time, her memory was good, and information was appropriately provided. Glowicki and Date diagnosed Curler with an unspecified mood disorder, assigned a GAF score of 52, and assessed her prognosis as fair.

On January 23, 2008, Curler was again seen by Dr. Ingram, who diagnosed recurrent mild major depressive disorder. Dr. Ingram also noted that her speech was normal, affect was appropriate, thought content was normal, thought process was coherent, attention was normal, perception was normal, intellect was average, insight was good, and judgment was appropriate. Dr. Ingram discontinued Curler’s prescription medication and referred her to therapy, noting that therapy does “require regular attendance” and there “have been some concerns with the attendance in the past,” but he was willing to “give the patient the benefit of the doubt.”

Shortly thereafter, on January 25, 2008, psychologist Joe DeLoach reviewed Curler’s records for the state agency, completed a mental residual functional capacity (“RFC”) assessment, and concluded that she “retains the capacity to perform simple tasks on a sustained basis.” For example, Curler was not significantly limited in her ability to understand, remember, and carry out very short and simple instructions; the ability to carry out detailed instructions; and the ability to make simple work-related decisions. Importantly, she was not considered “markedly limited” in any of the twenty mental activities that were rated. Dr. DeLoach determined that Curler was “capable of simple one and two step tasks” and that her “psychological limitations do not appear to interfere with the potential for work activities that are simple in nature.” Separately, Dr. De-Loach reviewed a number of factors that would correspond to various affective disorders and found Curler not to be afflicted with depressive syndrome, manic syndrome, or bipolar syndrome; instead, he documented that she had an unspecified mood disorder. In rating Curler’s functional limitations with respect to her mood disorder, Dr. DeLoach indicated she had no episodes of decompensation of extended duration.

In February 2008, Curler saw therapist Lisa Schwab on a referral from Dr. Ingram in connection with her plan to have bariatric surgery. After an initial evaluation, Schwab diagnosed Curler with depression and assigned a GAF score of 55.

In May 2008, Dr. Ingram noted in his records that Curler was off anti-depressant medication and denied feeling depressed or fatigued. However, during her visit, Curler also told Dr. Ingram that she wanted to be treated with anti-depressants, felt tired, and had anxiety symptoms. Dr. Ingram diagnosed Curler with depression and prescribed a low dose of Effexor. In his records from the date of Curler’s visit, Dr. Ingram wrote that Curler requested a note verifying that she was participating in mental health therapy because it was required by the bariatric surgery center; he indicated in Curler’s file his concern that most of her motivations for attending therapy appeared to be related to obtaining approval for bariatric surgery.

In August 2008, Dr. Ingram expressed reluctance at excusing Curler from Work First classes — a welfare-to-work program — because Curler had failed to take medication as prescribed, failed to work with her therapist, and missed appointments with Dr. Ingram himself. Nevertheless, the following month, Dr. Ingram completed a form for the Michigan Department of Human Services stating that Cur *468 ler could not attend Work First classes for 12 months due to depression.

In January 2009, Dr. Ingram signed a report from therapist Carol Robinson that attributed to Curler a GAF score of 45. The reason cited by the therapist for Curler’s discharge was “Noncompliant/No contact.” Curler described her mood to Dr. Ingram as “okay” in March 2009, “a little bit” anxious in May 2009, “okay” and “a little bit on the low side” in August 2009, and in December 2009 she told him her mood was “fair” after her August 2009 bariatric lap band surgery. Dr. Ingram repeatedly noted Curler’s denial of psychosis or hallucinations and her ordered speech and thought.

In March 2010, Dr. Ingram received a form from the Michigan Department of Human Services requesting that he assess Curler’s ability to perform mental work-related activities. Despite being provided space for comments, and the instruction that supportive medical findings or clinical notes be attached, Dr. Ingram only checked boxes on the form.

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