Teresa A. Mace v. Commissioner, Social Security Administration

605 F. App'x 837
CourtCourt of Appeals for the Eleventh Circuit
DecidedMarch 27, 2015
Docket14-11971
StatusUnpublished
Cited by7 cases

This text of 605 F. App'x 837 (Teresa A. Mace v. Commissioner, Social Security Administration) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Teresa A. Mace v. Commissioner, Social Security Administration, 605 F. App'x 837 (11th Cir. 2015).

Opinion

PER CURIAM:

Teresa Mace appeals the district court’s order affirming the Commissioner of Social Security’s (“Commissioner”) denial of her applications for a period of disability, disability insurance benefits, and supplemental security income, pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). Mace presents two contentions on appeal: (1) the administrative law judge (“ALJ”) did not have “good cause” to afford little weight to the medical opinion of her treating physician, Dr. Michael Vandewalle; and (2) the Appeals Council should have vacated the ALJ’s decision in light of new, material evidence supporting her disability. After careful review, we vacate the judgment of the district court and remand with instructions to reverse the denial of benefits and to return the case to the Commissioner for further proceedings consistent with this opinion.

I.

Mace applied for disability benefits in March 2011 based on her bipolar disorder and major depression, alleging a disability onset date in October 2009. She indicated that she had been fired from her last two jobs for making inappropriate comments. A hearing before an ALJ was held on her application in May 2012.

At the time of the ALJ hearing, medical records showed that from 1998 to 2007 Mace had been hospitalized at least three *839 times in connection with her bipolar disorder. In November 2007, Mace began receiving psychiatric treatment at Georgia Pines from Dr. Michael Vandewalle, who diagnosed Mace with moderate bipolar disorder and assigned her a-score of 55 on the Global Assessment of Functioning (“GAF”) scale. 1 Dr. Vandewalle was Mace’s primary physician with respect to her bipolar disorder at all times relevant to this appeal.

From January 2008 until the end of 2009, Mace’s bipolar disorder was diagnosed as mild or in remission. In January 2010, however, Mace was hospitalized at Southwestern State Hospital for 23 days because she had threatened to commit suicide and had made violent threats towards hospital staff. Mace responded favorably to a change in her medications, and from February 2010 to early 2012, Mace was evaluated by Dr. Vandewalle and others as having mild to moderate bipolar disorder, with occasional suicidal thoughts. Mace also experienced some auditory hallucinations and was diagnosed with bipolar-type schizoaffective disorder in 2011. To control the symptoms of these impairments, Mace at various times took combinations of medication, including Seroquel, Wellbutrin SR, Lithium Carbonate, Vistaril, Ability, Celexa, Deseryl, and Risperdal.

In April 2012, Dr. Vandewalle prepared a report concluding that Mace met the disability requirements of 20 C.F.R. § 404, Subpt. P, App. 1, Listings 12.03 (Schizophrenic, Paranoid, and Other Psychotic Disorders) and 12.04 (Affective Disorders). He indicated that she had marked limitations in maintaining social function and in maintaining concentration, persistence, or pace. 2 Dr. Vandewalle explained that Mace was not emotionally capable of performing work-like activities within a set schedule and would require close supervision. He further stated that Mace had difficulty maintaining socially appropriate behaviors outside her immediate environment.

In addition to being evaluated by Dr. Vandewalle, Mace was evaluated by two clinical psychologists. In July 2010, Dr. Cerjan found that Mace seemed capable of understanding and carrying out simple instructions, though she decompensated every two years. Dr. Cerjan did not consider Mace at that time to be depressed to the point that her depression would decrease her concentration and pace, and Dr. Cerjan concluded that Mace appeared “capable of adapting to work related stress for short periods of time.”

In August 2011, Dr. Mannis diagnosed Mace with schizoaffective disorder of the bipolar type and personality disorder with histrionic and dependent features. Dr. Mannis concluded that Mace was capable of “very brief appropriate social interaction with known individuals and new acquaintances,” and she would excel in scripted or predetermined interactions, but she did not appear capable of extensive social interaction. Dr. Mannis further ex *840 plained that Mace appeared capable of simple, highly supervised activities. In his April 2012 report, Dr. Vandewalle noted that he agreed with Dr. Mannis’s evaluation.

After Mace’s disability hearing in May 2012, the ALJ denied her claims on the basis that she had not been disabled from the onset date of October 31, 2009, through June 29, 2012, the date of the decision. The ALJ determined that the severity of Mace’s mental impairments — bipolar disorder, depression, and personality disorder with histrionic and dependent features— did not meet or medically equal the severity of a specific impairment from the regulations. The ALJ further found that, while she could not return to past work, Mace had the residual functional capacity to perform a full range of work at all exertional levels, but was limited to work that involved simple, routine, and repetitive tasks with only occasional changes in work setting and only occasional interaction with the public, coworkers, and supervisors. The ALJ specifically noted that Mace appeared able to sustain work “until she has a brief decompensation (approximately every two years per self-report).”

In addition to Mace’s medical history, function report, and personal testimony, the ALJ considered the assessments performed by Dr. Cerjan, Dr. Mannis, and Dr. Vandewalle. In pertinent part, the ALJ gave “little weight” to Dr. Vandewalle’s opinion, finding that Dr. Vandewalle’s conclusions were inconsistent with the overall evidence. The ALJ also found that Dr. Mannis’s testimony was entitled to little weight because it was inconsistent with contemporaneous treatment notes. The ALJ gave “some weight” to Dr. Cerjan’s assessment to the extent that it was consistent with the ALJ’s determination of Mace’s residual functional capacity.

Following the ALJ’s denial of benefits, Mace appealed to the Appeals Council and presented new evidence that she had been hospitalized for a week in September 2012 after fighting with her roommate, Debra Sloan, and then attempting suicide. Dr. Kenneth Fuller, the psychiatrist who treated her at the hospital, opined that Mace was “severely psychiatrically impaired and is currently totally disabled.” The Appeals Council denied Mace’s request for review, stating. that “we considered the reasons you disagree with the decision and the additional evidence listed.... We found that this information does not provide a basis for changing the [ALJ’s] decision.”

Mace then filed a complaint against the Commissioner in the United States District Court for the Middle District of Georgia, pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3).

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605 F. App'x 837, Counsel Stack Legal Research, https://law.counselstack.com/opinion/teresa-a-mace-v-commissioner-social-security-administration-ca11-2015.