Slaughter v. Astrue

857 F. Supp. 2d 631, 2012 WL 773200, 2012 U.S. Dist. LEXIS 31067
CourtDistrict Court, S.D. Texas
DecidedMarch 8, 2012
DocketCivil No. H-10-3832
StatusPublished
Cited by5 cases

This text of 857 F. Supp. 2d 631 (Slaughter v. Astrue) is published on Counsel Stack Legal Research, covering District Court, S.D. Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Slaughter v. Astrue, 857 F. Supp. 2d 631, 2012 WL 773200, 2012 U.S. Dist. LEXIS 31067 (S.D. Tex. 2012).

Opinion

MEMORANDUM OPINION

NANCY K. JOHNSON, United States Magistrate Judge.

Pending before the court1 are Defendant’s Motion for Summary Judgment (Doc. 9) and Plaintiffs Motion for Summary Judgment (Doc. 17). The court has considered the motions, all relevant filings, and the applicable law. For the reasons set forth below, the court GRANTS Defendant’s motion and DENIES Plaintiffs motion.

I. Case Background

Plaintiff filed this action pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3) for judicial review of an unfavorable decision by the Commissioner of the Social Security Administration (“Commissioner”) regarding Plaintiffs claim for disability benefits under Title II supplemental security income under Title XVI of the Social Security Act (“the Act”).

A. Factual History

Plaintiff was born on January 20,1962, and was thirty-nine years old on August 15, 2001, the date of the alleged onset of disability.2 Plaintiff completed high school.3 [633]*633Prior to his alleged onset of disability, Plaintiff worked as a truck driver and a mail carrier with United States Postal Services.4

1. Mental Illness

The medical record generally supports Plaintiffs claims of a mental disability. The onset of Plaintiffs mental illness dates back to November 1993.5 At that time, Plaintiffs mother took Plaintiff to the emergency room at Twelve Oaks Hospital where he was admitted and treated for an acute psychotic episode.6 He was diagnosed with Axis I psychosis not otherwise specified (“NOS”) and exhibited Axis IV severe psychosocial stressors.7 His global assessment of functioning (“GAF”) score was thirty-five.8 Upon discharge, Plaintiff was advised to take medication and report for outpatient treatment.9

Plaintiff was next hospitalized at Ben Taub Hospital in January 1998, where he was diagnosed with a mood disorder NOS10 and tested positive for cocaine, cannabis, and PCP.11 A few weeks later in February 1998, Plaintiff was hospitalized after Houston police found him walking naked down the street.12 His mother told Harris County Social Services that Plaintiff had been digging up stop signs looking for gold, talking to and hearing voices, and walking into traffic.13 Plaintiff tested positive for marijuana and was diagnosed with psychosis NOS.14 He was involuntarily committed to the Harris County Psychiatric Center (“HCPC”) where he was treated and discharged.15 HPCP treated Plaintiff again in December 1999 for substance-induced psychosis and designated Plaintiff with a GAF score of twenty-five.16 At the time, Plaintiff did not tést positive for any substances, but in light of his medical history, the attending psychiatrist recommended that he attend a twelve-step program.17

On. August 15, 2001, Plaintiff was involuntarily admitted to HCPC after Houston police found him in a parking lot setting things on fire.18 He was “loud, agitated, talking about ‘kicking demons’ out of his house, [and] hearing voices.” 19 Plaintiff admitted to using cocaine, PCP and alcohol, and to being noncompliant with his medications.20 At the time of admittance, he was diagnosed with substance-induced psychosis with a GAF score of twenty.21 Upon discharge, Plaintiff was Cooperative with treatment and had improved his GAF score to forty-five.22 However, the attending physician, Charles R. Kopekcy, M.D., [634]*634reported that Plaintiff “expressed no motivation for sobriety .... and refused referral to rehabilitation services.”23

Seven and a half years later, in January 2009, Glen E. McClure, PhD., (“Dr. McClure”) saw Plaintiff for psychological examination in connection with application.24 Plaintiffs complaints included swing, headaches, nightmares, auditory and visual hallucinations paranoia, and depression.25 Plaintiff claimed that his prior psychiatric admissions had nothing to do with using alcohol or drugs, which Dr. McClure noted was inconsistent with Plaintiffs prior records showing that Plaintiff had been diagnosed with a drug induced psychotic disorder.26 Dr. McClure found that Plaintiff tended to “minimize! ] his substance abuse history while overestimating the degree of his deficits in other areas.”27 Dr. McClure also found that Plaintiffs self-report, his mother’s report and the medical records were significantly inconsistent.28

Dr. McClure noted that Plaintiff was not motivated to obtain treatment.29 Though Plaintiff disclosed that he could not write, Dr. McClure found nothing in the records that showed that Plaintiff had intellectual limitations.30 Dr. McClure believed Plaintiff could “understand, remember and follow simple instructions,”31 but, because Plaintiff had a low level of persistence, Dr. McClure could not determine what Plaintiffs abilities were beyond that point.32

2. Other Impairments

In June 1996, Plaintiff went to the emergency room at Ben Taub Hospital for an ankle injury and had surgery to repair a fracture of his right distal fibula.33 In August 1997, Plaintiff was treated at the emergency room for a laceration to his right hand.34

In December 2008, Plaintiff saw Prem Nowlakha, M.D., (“Dr. Nowlakha”), in connection with his complaint of knee pain in his disability application.35 Notably, there is no record of a similar complaint that predated his application for benefits. Plaintiff told Dr. Nowlakha that his knees swelled up and that he had aching pain that measured a ten on a scale of zero to ten.36 Dr. Nowlakha examined Plaintiffs knees and found no deformity and, after x-ray, he discerned no bone or soft tissue abnormality.37 “Dr. Nowlakha found that Plaintiff was able to sit, stand, move and walk normally without assistance, walk on his heels and toes squat, hop, and tandem walk.”38

B. Procedural History

Plaintiff filed for disability benefits on September 18, 2008, claiming an inability to work since August 15, 2001, due to [635]*635“mental — in balance [ sic]” and “swelling in both knees/gout.”39 Based on his earnings records, Plaintiff remained insured through September 30, 200440 Thus, the relevant period for determining Plaintiffs disability status for disability insurance benefits (“DIB”) is August 15, 2001, through September 30, 2004.41

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Cite This Page — Counsel Stack

Bluebook (online)
857 F. Supp. 2d 631, 2012 WL 773200, 2012 U.S. Dist. LEXIS 31067, Counsel Stack Legal Research, https://law.counselstack.com/opinion/slaughter-v-astrue-txsd-2012.