Thomas v. Heckler

599 F. Supp. 602, 1984 U.S. Dist. LEXIS 22006, 8 Soc. Serv. Rev. 572
CourtDistrict Court, S.D. Florida
DecidedNovember 14, 1984
DocketNo. 84-555-CIV-EPS
StatusPublished

This text of 599 F. Supp. 602 (Thomas v. Heckler) is published on Counsel Stack Legal Research, covering District Court, S.D. Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Thomas v. Heckler, 599 F. Supp. 602, 1984 U.S. Dist. LEXIS 22006, 8 Soc. Serv. Rev. 572 (S.D. Fla. 1984).

Opinion

MEMORANDUM OPINION AND ORDER REVERSING THE SECRETARY’S DECISION

SPELLMAN, District Judge.

THIS CAUSE is before the Court to review the final decision of the Secretary of Health and Human Services (HHS) determining that plaintiff is not entitled to supplemental security income benefits pursuant to 42 U.S.C. § 1381 et seq.

For the reasons stated below, the Court reverses the decision of the Secretary and remands this cause to the Secretary for further proceedings not inconsistent with this Opinion.

BACKGROUND

The claimant is 30 years of age. On February 2, 1978, plaintiff was arrested and charged with robbery, unlawful possession of a firearm and two counts of murder. He was ultimately tried on all charges and found not guilty by reason of insanity. He was committed to South Florida State Hospital on February 19, 1981. The plaintiff remained institutionalized until March 10, 1982 at which time he was released to the Forensic Unit of the Passageway House. Plaintiff may only leave Passageway House upon court order and in the company of an escort.

The plaintiff testified before the Administrative Law Judge. He said he could not work because job supervisors put too much stress on him, and his medication makes him drowsy. He stated he does not watch television because the television talks back to him. He does not socialize with the other residents because he becomes annoyed when they ask him for cigarettes. Plaintiff described auditory hallucinations where voices make suggestions to him, but said he has learned not to do what the voices tell him.

Plaintiff’s medical treatments consist of individual psychotherapy sessions, plus a Prolixin injection on a two week basis.

Edward Hanley, Direct Service Supervisor of Passageway House, testified he sees the plaintiff on a weekly basis. He described the claimant as being withdrawn, not only to fellow residents, but to true involvement in the program.

A psychiatric report, dated March 5, 1981, was prepared by an unnamed psychiatrist from South Florida State Hospital. The doctor reported plaintiff had admitted shooting the women because voices told him to. Plaintiff admitted seeing ghosts, and hearing a female voice and Jesus talking to him. The plaintiff believed people on the street wanted to kill him. The diagnoses of the March 5, 1981, report were: schizophrenic disorder, paranoid type, chronic; mixed substance abuse, in remission; mixed personality disorder; history of gun-shot wounds.

A psychological evaluation was performed on March 10, 1981, by Steven J. Kaplan, Ph.D., a clinical psychologist. The plaintiff revealed to Dr. Kaplan that his paranoid thoughts had begun in his teen years. He reported being shot by his brother when he tried to “stake” his sister-in-law, believing her to be a vampire. Dr. Kaplan believed the plaintiff had some in-. sight into the nature of his disorder, and with psychotherapy and psychotropic medication, his prognosis would be somewhere between guarded and fair. Dr. Kaplan’s diagnoses were: schizophrenia, paranoid type, chronic; mixed substance abuse, in remission.

On August 25, 1981, a Final Summary for Disposition was prepared by Dr. Alida Reinoso of the South Florida State Hospital. Dr. Reinoso reported the plaintiff’s stay at South Florida as difficult due to plaintiff’s refusal to take medication. He displayed no remorse for his murder of the two girls, and admitted to past auditory hallucinations. Dr. Reinoso reported that plaintiff thought people who committed murder would acquire the ability to fly. [604]*604On the night of the crime, plaintiff was watching a KKK program on television and thought they were making references to him. Dr. Reinoso reported plaintiff was living in a highly structured environment with 24 hour psychiatric service, but cautioned that what might happen in the community under a stress situation was unpredictable. Dr. Reinoso concurred with the recommendation of the Forensic Disposition Board of September 1,1981, that plaintiff remained mentally ill. It was the Board’s opinion that plaintiff was manifestly dangerous to himself and others, and he continued to meet Florida Statute § 394.-467(l)’s enterias for involuntary hospitalization.

A Final Summary Report was prepared by Dr. Dennis F. Koson upon claimant’s discharge from South Florida State Hospital on March 10, 1982. Dr. Koson reported plaintiff being placed on Prolixin. He found no evidence of aggressiveness, hostility or seclusion; he found plaintiff to no longer be a danger to himself or others. His final diagnosis was schizophrenic disorder; paranoid type, in remission.

In June of 1982, the plaintiff was released to Passageway House, a residential treatment center.

While at Passageway, plaintiff was treated biweekly at the Miami Mental Health Center. The Center also prescribed Prolix-in. The Center’s diagnosis was schizophrenia, paranoid type, in remission with medication.

On September 20, 1982, the claimant underwent a psychiatric evaluation by Dr. George W. Metcalf, a consulting psychologist. He noted the claimant was neither depressed nor euphoric. Mood was appropriate and there was no marked degree of flatness. Plaintiff told Dr. Metcalf that he was afraid of ghosts and believed that the ghosts of the two girls he killed were often about.

The plaintiff was placed in a Work Adjustment Program administered by the Jewish Vocational Service in February of 1983. He was discharged after a short period because he became so drowsy after his Prolixin injections that he could not work and needed to lie down. Furthermore, claimant expressed a strong dislike for the program and a desire to be trained as a welder. He was unable to understand that his medication would make welding unsafe for him. It was the Service counselor’s opinion that plaintiff could not complete any kind of vocational training unless his performance under medication could be better controlled.

On March 23, 1983, the Miami Skill Center refused to accept plaintiff into its welding program because of his need for Prolix-in.

On June 29,1983, plaintiff was evaluated by Dr. Norman Reichenberg, a Clinical Psychologist. Dr. Reichenberg reported that patterns suggesting paranoid-schizophrenic functioning were still present, and were not likely to change significantly. Dr. Reichenberg believéd that if plaintiff could avoid intense stress or be under periodic supervision, he should be able to function as an out-patient. Dr. Reichenberg recommended plaintiff remain at Passageway House.

On July 5,1983, plaintiff was seen by Dr. Lloyd R. Miller, a Forensic Psychiatrist. Dr. Miller reported that plaintiff was “lacking in mental illness.” However, Miller noted that “... he may have a background of anti-social behavior which might cause him to act out in an anti-social manner in the future.” See Transcript p. 150. Dr. Miller recommended claimant remain under supervision to insure continued stability of his mental and emotional condition.

On July 6, 1983, the plaintiff was evaluated by Dr. Charles B. Mutter, a Board certified psychiatrist. Dr. Mutter’s opinion was that claimant met the criteria for competency. However, he recommended plaintiff’s release from Passageway be delayed until such time as plaintiff was able to seek employment. Dr. Mutter pointed out that employment is a stressful situation, and plaintiff is sensitive to stress. Dr. Mutter concluded that:

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599 F. Supp. 602, 1984 U.S. Dist. LEXIS 22006, 8 Soc. Serv. Rev. 572, Counsel Stack Legal Research, https://law.counselstack.com/opinion/thomas-v-heckler-flsd-1984.