Siddiqui v. Colvin

95 F. Supp. 3d 833, 2015 U.S. Dist. LEXIS 36631, 2015 WL 1393564
CourtDistrict Court, D. Maryland
DecidedMarch 24, 2015
DocketCivil No. TMD 13-1080
StatusPublished
Cited by3 cases

This text of 95 F. Supp. 3d 833 (Siddiqui v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Siddiqui v. Colvin, 95 F. Supp. 3d 833, 2015 U.S. Dist. LEXIS 36631, 2015 WL 1393564 (D. Md. 2015).

Opinion

MEMORANDUM OPINION GRANTING PLAINTIFF’S ALTERNATIVE MOTION FOR REMAND

THOMAS M. DiGIROLAMO, United States Magistrate Judge.

Fatimah Siddiqui (“Plaintiff”) seeks judicial review under 42 U.S.C. §§ 405(g) and 1383(c)(3) of a final decision of the Commissioner of Social Security (“Defendant” or the “Commissioner”) denying her applications for disability insurance benefits (“DIB”) and Supplemental Security Income (“SSI”) under Titles II and XVI of the Social Security Act. Before the Court are Plaintiffs Motion for Summary Judgment or Alternative Motion for Remand (ECF No. 18) and Defendant’s Motion for Summary Judgment (ECF No. 20).1 Plaintiff contends that the administrative record does not contain substantial evidence to support the Commissioner’s decision that she is not disabled. No hearing is necessary. L.R. 105.6. For the reasons that follow, Plaintiffs Alternative Motion for Remand (ECF No. 18) is GRANTED.

I

Background

Plaintiff was born in 1982, has a GED, and previously worked as a barista/cashier, lab technician, waitress, photographer, customer representative, debt collector, and patient registrar. R. at 24, 102, 356-57. Plaintiff applied for DIB protectively on April 2, 2009, and for SSI on April 23, 2009, alleging disability beginning on April 18, 2008, due to depression, bipolar disorder, and anxiety. R. at 15, 58-65, 99, 124. The Commissioner denied Plaintiffs applications initially and again on reconsideration, so Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). R. at 27-37. On October 31, 2011, ALJ Larry K. Banks held a hearing in Washington, D.C., at which Plaintiff and [836]*836a vocational expert (“VE”) testified. R. at 352-87. On January 25, 2012, the ALJ issued a decision finding Plaintiff not disabled from the alleged onset date of disability of April 18, 2008, through the date of the decision. R. at 12-26. Plaintiff sought review of this decision by the Appeals Council, which denied Plaintiffs request for review on February 8, 2013. R. at 4-6, 10. The ALJ’s decision thus became the final decision of the Commissioner. See 20 C.F.R. §§ 404.981, 416.1481; see also Sims v. Apfel, 530 U.S. 103, 106-07, 120 S.Ct. 2080, 2083, 147 L.Ed.2d 80 (2000).

On April 11, 2013, Plaintiff filed a complaint in this Court seeking review of the Commissioner’s decision. Upon the parties’ consent, this case was transferred to a United States Magistrate Judge for final disposition and entry of judgment. The case subsequently was reassigned to the undersigned. The parties have briefed the issues, and the matter is now fully submitted.

II

Summary of Evidence

A. Mikhael Taller, M.D.

On August 5, 2009, Plaintiff underwent a consultative psychiatric evaluation by Dr. Taller, which the ALJ summarized in his decision:

In a psychiatric report, dated August 5, 2009, Mikhael Taller, M.D., diagnosed [Plaintiff] with having mood disorder and personality disorder. [Plaintiff] alleged depressive symptoms, such as depression, anxious[ jcrying spells, hopelessness, and helplessness. [Plaintiff] also alleged that she had a short-temper and that she did not get along with other people.

R. at 18 (citing R. at 227-35). According to the ALJ, Dr. Taller

reported on August 5, 2009 that [Plaintiff] had moderate reduction in her mental capacities. [Plaintiff] had no psychomotor agitations or retardation. [Plaintiff] denied feelings of being suicidal or homicidal. [Plaintiff] did not have auditory or visual hallucinations. She had no delusional thoughts. She was oriented to person, place and time. [Plaintiff] had no loosening of thoughts. [Plaintiff] displayed good memory. Her insight and judgment were both fair. However, [Plaintiff] did have moderate mental limitations with low self-esteem, low interest level and poor sleep habits.
In regard to her activities of daily living, Mikhael Taller, M.D., stated that [Plaintiff] had mild to moderate mental limitations. [Plaintiff] reported that she was able to care for her personal needs. [Plaintiff] noted that she was able to go to public places without having problems. [Plaintiff] stated that she was able to understand and follow simple instructions. Overall, Mikhael Taller, M.D., reported that [Plaintiff] had moderate mental limitations.
R. at 21 (citation omitted) (citing R. at 227-35).
B. State Agency Consultants

On August 11, 2009, F. Ewell, Ph.D., evaluated on a psychiatric review technique form (“PRTF”) Plaintiffs mental impairments under paragraph B of Listings 12.04 and 12.08 relating, to affective disorders and personality disorders. R. at 240-52. Dr. Ewell opined that Plaintiffs mood disorder, bipolar disorder, major depressive disorder, and personality disorder caused her to experience (1) moderate restriction in activities of daily living; (2) moderate difficulties in maintaining social functioning; (3) moderate difficulties in maintaining concentration, persistence, or pace; and (4) one or two episodes of de[837]*837compensation of extended duration. R. at 243, 246 249. Dr. Ewell did not find evidence to establish the presence of the criteria under paragraph C ■ of these listed impairments. R. at 250. Dr. Ewell thus assessed Plaintiffs mental residual functional capacity (“RFC”) (R. at 236-39) and opined that she was moderately limited in her ability to (1) understand, remember, and carry out detailed instructions; (2) maintain attention and concentration for extended periods; (3) perform activities within a schedule, maintain regular attendance, and be punctual within customary tolerances; (4) sustain an ordinary routine without special supervision; (5) work in coordination with or proximity to others without being distracted by them; (6) complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods; (7) accept instructions and respond appropriately to criticism from supervisors; (8) get along with co-workers or peers without distracting them or exhibiting behavioral extremes; (9) maintain socially appropriate behavior and to adhere to basic standards of neatness and cleanliness; and to (10) respond appropriately to changes in the work setting. Plaintiff otherwise was not significantly limited. R. at 236-37. Dr. Ewell’s RFC assessment thus provided:

Has moderate restrictions in activities of daily living. Sometimes neglects personal care. Her mother often cares for her children.
Has moderate social restrictions. Sometimes confrontational with others.
Has moderate restrictions in concentration, persistence, and pace due to psychiatric symptoms.
All would most likely improve with consistent and adequate mental health care. Maintains ability to perform tasks.

R. at 238. On August 12, 2010, another state agency consultant, Aroon Suansilppongse, M.D., affirmed Dr.

Free access — add to your briefcase to read the full text and ask questions with AI

Related

Cite This Page — Counsel Stack

Bluebook (online)
95 F. Supp. 3d 833, 2015 U.S. Dist. LEXIS 36631, 2015 WL 1393564, Counsel Stack Legal Research, https://law.counselstack.com/opinion/siddiqui-v-colvin-mdd-2015.