Taffe v. Kijakazi

CourtDistrict Court, S.D. California
DecidedFebruary 22, 2022
Docket3:20-cv-01974
StatusUnknown

This text of Taffe v. Kijakazi (Taffe v. Kijakazi) is published on Counsel Stack Legal Research, covering District Court, S.D. California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Taffe v. Kijakazi, (S.D. Cal. 2022).

Opinion

1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 SOUTHERN DISTRICT OF CALIFORNIA 10 11 BARBARA HELEN TAFFE, Case No.: 20-CV-1974-WVG

12 Plaintiff, ORDER ON JOINT MOTION FOR 13 v. JUDICIAL REVIEW; and JUDGMENT 14 KILOLO KIJAKAZI, Acting

Commissioner of Social Security, 15 [Doc. No. 14.] Defendant. 16 17

18 19 Pending before the Court is the parties’ joint motion for judicial review of the 20 Commissioner of Social Security’s denial of Plaintiff’s application for Social Security 21 disability benefits. For the reasons set forth below, the Court enters Judgment in favor of 22 Defendant Kilolo Kijakazi, Acting Commissioner of Social Security. 23 I. BACKGROUND 24 A. Procedural History 25 This case arises under the Social Security Act, Titles II and XVI. Plaintiff Barbara 26 Helen Taffe filed an application for a period of disability and disability insurance benefits 27 on April 3, 2018, and for supplemental security income on September 26, 2018, alleging 28 disability commencing November 5, 2016. (AR 250-51, 262-66.) The Commissioner 1 denied the claim on initial determination on August 24, 2018 (AR 173-76), and Plaintiff 2 requested reconsideration of the initial determination on September 18, 2018 (AR 177-81). 3 The Commissioner denied reconsideration on October 30, 2018. (AR 182-88.) Plaintiff 4 requested a de novo hearing before an Administrative Law Judge (“ALJ”). (AR 189-90.) 5 ALJ Eric Benham conducted the oral hearing on October 22, 2019 (AR 95-126) and issued 6 an unfavorable decision on November 26, 2019 (AR 18-34). 7 Plaintiff then requested that the Appeals Council review the ALJ’s decision on 8 January 13, 2020 (AR 245-46), but the Appeals Council denied the request for review on 9 August 18, 2020 (AR 1-7). On that date, the ALJ’s decision became the final decision of 10 the Commissioner. 42 U.S.C. § 405(h). This timely civil action followed. The Court has 11 jurisdiction to review the final decision of the Commissioner for substantial evidence and 12 error of law. 42 U.S.C. §§ 405(g), 1383(c). 13 B. Medical Background 14 Gary Boone, M.D., treated Plaintiff and was her primary care physician. Focusing 15 on mental impairments, Dr. Boone’s treatment notes from June 2017 listed clinical 16 depression as an active problem. (AR 373.) Plaintiff’s psychiatric medication included 17 bupropion (Wellbutrin), fluoxetine (Prozac), and trazodone. (AR 373.) On June 8, 2017, 18 Dr. Boone observed that Plaintiff had appropriate mood and affect and normal motor 19 movements. (AR 374.) On September 5, 2017 and February 16, 2018, Dr. Boone again 20 found Plaintiff had appropriate mood and affect and normal motor movements. (AR 368, 21 371.) 22 In July 2018, Jaga Nath Glassman, M.D., conducted a psychiatric consultative 23 evaluation of Plaintiff. (AR 427-34.) Dr. Glassman listed Plaintiff’s psychiatric medication 24 as Wellbutrin, Prozac, and Trazodone. (AR 429.) Dr. Glassman conducted a mental status 25 examination and observed that Plaintiff presented as mildly unkempt, carried a somewhat 26 dirty purse, appeared quite depressed in mood, exhibited no real animation or spontaneity, 27 mostly spoke in a monotone voice, gave brief answers, was frequently tearful, and had little 28 positive affect. (AR 430.) Dr. Glassman also described Plaintiff as exhibiting intact thought 1 process, good eye contact, cooperative, polite, respectful, socially appropriate, able to 2 follow all instructions, goal directed, and cognitively intact with average to above average 3 intellectual functioning. (Id.) 4 Dr. Glassman’s impression was that Plaintiff presented as considerably depressed- 5 appearing. (Id.) Dr. Glassman diagnosed Plaintiff with major depression, recurrent; 6 dysthymic disorder; and borderline personality disorder. (AR 431.) Dr. Glassman assessed 7 the following about Plaintiff’s abilities: the ability to understand and follow simple 8 instructions; mild impairment in getting along with others and behaving in a socially- 9 appropriate manner; marked impairments in maintaining concentration, persistence, and 10 pace; and a marked impairment in adapting to changes and stresses in a workplace setting. 11 (Id.) In his July 24, 2018 report, Dr. Glassman also noted that Plaintiff was, “not currently 12 in any kind of psychiatric or mental health treatment” and denied a history of psychiatric 13 hospitalizations. (AR 428.) He noted that she was well-engaged, made good eye contact, 14 and was cooperative, polite, and respectful in her attitude and demeanor. (AR 430.) 15 In August 2018, Joshua Schwartz, Ph.D., reviewed the record on initial 16 consideration. (AR 138.) Dr. Schwartz diagnosed Plaintiff with severe impairments of 17 depressive, bipolar, and related disorders. (AR 134.) Dr. Schwartz opined Plaintiff 18 remained capable of the following: understanding and remembering simple instructions; 19 carrying out simple instructions; able to maintain concentration and attention for extended 20 periods for simple tasks; able to sustain appropriate interaction with the public and maintain 21 relationships with coworkers and supervisors; and capable of appropriately responding to 22 most changes in the work setting. (AR 138.) Joshua Boyd, Psy.D., reviewed the record in 23 October 2018 and agreed with Dr. Schwartz’s assessment. (AR 149-53.) 24 Dr. Boone’s treatment notes from August 2018 listed clinical depression as an active 25 problem. (AR 443.) The history of present illness reported that Plaintiff felt down and 26 depressed and continued taking Wellbutrin and Prozac. (Id.) Dr. Boone described 27 Plaintiff’s mood and affect as appropriate but subsequently described her affect as 28 1 depressed. (AR 445.) Dr. Boone reported that Plaintiff was newly on Medi-Cal and would 2 follow up with her new provider. (AR 443.) 3 In September 2018, Plaintiff presented to the Family Health Center of San Diego for 4 an initial evaluation by Marci Kyle, L.C.S.W. (AR 452.) Plaintiff reported a lifetime history 5 of depression, particularly during the prior year. (Id.) Plaintiff described the prior year as a 6 “difficult spell, not able to work.” (Id.) Plaintiff reported needing to sleep a lot, feeling sad, 7 hopeless, overwhelmed, having no energy to shower and be presentable, and having no 8 energy to keep a structured schedule. (Id.) The mental status examination was 9 unremarkable. (AR 456-57.) The recommendation included ongoing psychotherapy and 10 medication management with a normal memory and indicated that Plaintiff did not 11 demonstrate an inability to concentrate. (AR 457.) The diagnosis listed major depression, 12 single episode, mild, with anxious distress. (AR 452.) 13 In November 2018, Plaintiff presented to the Family Health Center of San Diego 14 again (AR 481), where Edward Erbe, M.D., treated Plaintiff (AR 484). Plaintiff reported 15 that her depressive episodes manifested in sadness all day, very low interest, increase in 16 appetite, very low energy, very low concentration, very low self-esteem, and an increase 17 in sleep. (AR 481.) Over the prior month, Plaintiff rated her mood as eight on a scale of 18 zero (no depression) to ten (worst depression) and rated her typical anxiety between 19 manageable to high. (Id.) Dr. Erbe conducted a mental status examination. (AR 482.) The 20 exam was unremarkable except Dr. Erbe described Plaintiff’s mood and affect as restricted. 21 (Id.) The plan included increasing bupropion to try to reduce her depression. (AR 481.) Dr. 22 Erbe also continued Plaintiff on fluoxetine and Trazodone. (AR 482.) The diagnosis listed 23 major depressive disorder. (AR 481.) 24 Dr. Erbe treated Plaintiff again in March 2019.

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