Terry v. Berryhill

325 F. Supp. 3d 940
CourtDistrict Court, S.D. Iowa
DecidedSeptember 7, 2018
Docket3:17-cv-71 RP-HCA
StatusPublished
Cited by1 cases

This text of 325 F. Supp. 3d 940 (Terry v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, S.D. Iowa primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Terry v. Berryhill, 325 F. Supp. 3d 940 (S.D. Iowa 2018).

Opinion

ROBERT W. PRATT, U.S. DISTRICT JUDGE

Plaintiff, Colleen Marie Terry, filed a Complaint in this Court on November 7, 2017, seeking review of the Commissioner's decision to deny her claim for Social Security benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401 et seq. This Court may review a final decision by the Commissioner. 42 U.S.C. § 405(g).

Plaintiff filed an application for benefits on September 3, 2014. Tr. at 191-94. Plaintiff was fifty two years old (Tr. at 47) at the time of the hearing on August 29, 2016, before Administrative Law Judge Susan Zapf (ALJ). Tr. at 41-84. The ALJ issued a Notice of Decision - Unfavorable on November 2, 2016. Tr. at 17-36. On September 13, 2017, the Appeals Council declined to review the ALJ's decision. Thereafter, Plaintiff commenced this action.

At the first step of the sequential evaluation, see 20 C.F.R. § 404.1520(a)(4), the ALJ found that Plaintiff had not engaged in substantial gainful activity after April 30, 2014-the alleged disability onset date. Tr. at 22. At the second step, the ALJ found that Plaintiff has the following severe impairments: osteoarthritis, degenerative disc disease, migraine headaches, borderline intellectual functioning, a learning disorder, an affective disorder, and an anxiety disorder. The ALJ considered other impairments which were not determined to be severe as defined by the regulations. Those non-severe impairment were: hypothyroidism, acid reflux, appendicitis, asthma, cough, acute sinusitis, bronchitis, upper respiratory infection, mild asthma, skin infection, pain in the rib cage, planter fasciitis of the right foot. The ALJ found that the symptoms of these impairments either resolved or became asymptomatic with nominal conservative treatment. Although Plaintiff alleged disability due to bilateral hearing impairment, the ALJ found that the medical evidence does not document diagnostic testing to confirm hearing loss, nor significant or ongoing treatment for a hearing disorder. Plaintiff had been evaluated for heart palpitations, but the ALJ noted that the condition improved with medication, and treatment notes suggested that the heart palpitation might be related to anxiety. Tr. at 23. The ALJ found that Plaintiff's impairments were not severe enough to qualify for benefits at the third step of the sequential evaluation. Tr. at 24. At the fourth step, the ALJ found:

After careful consideration of the entire record, the undersigned finds that the claimant has the residual functional capacity to perform medium work as defined in 20 C.F.R. 404.1567(c) except she *943can frequently climb ramps and stairs; occasionally climb ladders, ropes, and scaffolds; and occasionally balance, stoop, kneel, crouch, and crawl. To account for momentary deficits in concentration and attention, she is limited to simple, routine, repetitive tasks that can be easily resumed without having to recreate the entire task. The claimant is also limited to occasional interaction with co-workers and supervisors, but cannot interact with the public. In addition, she cannot perform tandem tasks; can have no more that occasional changes in work processes and procedures; and cannot be exposed to loud factory level noise or bright focused lighting, such as a spot light.

Tr. at 25. The ALJ found that Plaintiff is able to perform her past relevant work as a laundry worker I. Tr. at 33. Although the ALJ stopped the sequential evaluation at the fourth step, she also noted that other work exists in significant numbers which could be performed by someone of Plaintiff's age, education, past relevant work and residual functional capacity. Tr. at 34-35. The ALJ found that Plaintiff is not disabled nor entitled to the benefits for which she applied. Tr. at 36.

MEDICAL EVIDENCE

On February 27, 2013, Plaintiff saw Jennifer A. Meyer, A.R.N.P., with complaints of sinusitis and left lower ribcage pain. Tr. at 355-57. Chest x-rays were noted to be negative. Tr. at 358. Plaintiff saw Nurse Meyer for primary care on several occasions throughout the period of time under consideration. See, Tr. at 344-57, 341-43, 337-40, 403-06, 458-60, and 456-57.

On November 8, 2013, Plaintiff was seen by Dwayne N. Campbell, M.D., at the University of Iowa Hospitals and Clinics. Plaintiff was noted to have a history of palpitations which had been treated with medication - metoprolol - which significantly improved the symptoms. Tr. at 331.

On May 29, 2014, Plaintiff saw Barbara Brown, M.D. to establish care for ADHD (Attention Deficit Hyperactive Disorder), possible learning disorder, and symptoms of depression and anxiety. Plaintiff reported that, at age 5, her mother was institutionalized because of mental illness, she and her siblings were placed in an orphanage. She was later placed in a foster family with people who were emotionally cold. Plaintiff reported a history of being treated for depression with medication. Plaintiff reported a history of job loss because of her inability to pay attention and focus. Tr. at 374. Plaintiff reported earning "Bs" in her high school classes, and later completing three years of college. After a mental status examination, Dr. Brown diagnosed, on Axis I1 , ADHD combined type, consider learning disabilities of uncertain type, major depressive disorder, generalized anxiety disorder, and panic disorder. On Axis II, Dr. Brown noted some schizotypal personality traits2 , especially paranoia. On *944Axis V3 , Plaintiff's global assessment of functioning was rated at 50. Plaintiff was currently taking Lexapro, the dosage of which Dr. Brown increased. The doctor also prescribed Zolpidem, and Wellbutrin XL. The doctor noted that a psychological evaluation would be arranged to test for ADHD, because, the doctor speculated, if Plaintiff had ADHD, which could not be treated with medication because of a heart condition, she might qualify for disability benefits which would relieve financial stress. Tr. at 375.

On June 15, 2014, Plaintiff was seen for a psychological evaluation by Catharine Phillips, Ph.D. Tr. at 366-69. Plaintiff reported a difficult childhood. Although Plaintiff reported significant difficulties with school work, she reported that she completed three years of college. Regarding work history, Dr. Phillips wrote:

Since her 20's Ms. Terry reports that she has experienced significant difficulty sustaining employment. She reports that she worked in 35-40 different positions in factories, restaurants including fast food, housekeeping and nursing homes.

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

Related

Rivers v. Kijakazi
E.D. Missouri, 2022

Cite This Page — Counsel Stack

Bluebook (online)
325 F. Supp. 3d 940, Counsel Stack Legal Research, https://law.counselstack.com/opinion/terry-v-berryhill-iasd-2018.