Vautour v. Astrue

865 F. Supp. 2d 99, 2012 U.S. Dist. LEXIS 43922, 2012 WL 1085526
CourtDistrict Court, D. Massachusetts
DecidedMarch 29, 2012
DocketCivil Action No. 10-12171-FDS
StatusPublished

This text of 865 F. Supp. 2d 99 (Vautour v. Astrue) is published on Counsel Stack Legal Research, covering District Court, D. Massachusetts primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vautour v. Astrue, 865 F. Supp. 2d 99, 2012 U.S. Dist. LEXIS 43922, 2012 WL 1085526 (D. Mass. 2012).

Opinion

MEMORANDUM AND ORDER ON DEFENDANT’S MOTION TO AFFIRM THE DECISION OF THE COMMISSIONER

SAYLOR, District Judge.

This is an appeal from the final decision of the Commissioner of the Social Security Administration denying the application of plaintiff Randall B. Vautour for Social Security Disability Benefits (“SSDI”). The Administrative Law Judge (“ALJ”) essentially determined that when plaintiff was abusing drugs, his anxiety disorder rendered him disabled, but that if he stopped abusing drugs, his disorder would not prevent him from working.

Plaintiff, who is proceeding pro se, appears to dispute the denial of his claim on the ground that evidence regarding his [101]*101upper neck, shoulder, and lower back problems was improperly omitted during his administrative appeal, and should have been considered along with the evidence regarding his mental health disorders.

Defendant has moved for an order affirming the decision of the ALJ. For the reasons set forth below, the motion will be granted.

I. Background

A. Educational and Occupational History

Plaintiff Randall Vautour was born on July 26, 1953. (A.R. at 12). He attended high school but did not complete the twelfth grade. (Id. at 37). He earned his General Educational Development (GED) credential in 1987. (Id. at 37, 222). He has received training in small-engine repair for one year, machine-shop skills for five years, quality-control inspection for six months, and research and development for two to three years. (Id. at 37-38).

From 1989 to 1991, Vautour worked in shipping and receiving. (Id. at 147). From 1991 to 1994, he worked as a quality-control inspector. (Id.). From 1994 to 1998, he worked in research and development. (Id.). From 1998 to 2000, he worked as a printer technician. (Id., 171).1 From 2000 to November 2005, he worked as a copier service technician. (Id. at 147). In that capacity, he visited businesses to repair copier machines, explained the machines’ problems to the businesses’ employees, and ordered replacement parts for those machines. (Id. at 148).

At some point, Vautour became addicted to Oxycontin. He entered a detoxification program at Bournewood Hospital on November 8, 2005. His employment as a copier service technician was terminated as of that date. (Id. at 39, 40,163).

B. Mental Health and Substance Abuse

On November 8, 2005, Vautour went to Bournewood Hospital for detoxification from Oxycontin dependence. (Id. at 202). He had begun using opiates three years earlier, and had been using Oxycontin almost daily for the last two years. (Id.) He felt that his drug use had gotten out of hand, and that the drug was controlling him. (Id.). He claimed that his Oxycontin use had not affected his job as a copier technician, although he admitted to using it in the mornings before work. (Id.).

Mark Brudniak, M.D., performed a mental status examination and found Vautour to be “alert and oriented, well-groomed with good eye contact.” (Id. at 203). He described his thought process as logical, without flight of ideas, tangentiality, loosening of associations, or paranoid ideations. (Id.). He observed his mood as anxious, but noted that his insight and judgment appeared to be fair. (Id.).

Vautour denied any history of depression or medical problems, although he reported a history of a painful stiff neck, for which he had been taking Oxycontin. (Id. at 202, 203). He stated that although he had consumed alcohol in the past, he had never undergone alcohol abuse treatment. (Id. at 202)

Upon his admission to Bournewood, Vautour was detoxified with methadone. (Id. at 203). He informed the doctors that he was not receiving enough methadone, and was notably irritable. (Id.). As the detoxification progressed, his withdrawal symptoms lessened considerably; he be[102]*102came less irritable and more compliant with treatment. (Id.). Prior to discharge, Vautour requested anxiety medication, hoping to be prescribed Valium. (Id.).

His condition upon discharge was listed as “improved” and he was prescribed a daily dosage of 50 milligrams of trazodone. (Id.).2 He claimed that he intended to attend Alcoholics Anonymous (“AA”) and Narcotics Anonymous (“NA”) meetings, and find a sponsor to help him maintain his sobriety. (Id.).

On November 22, 2005, Vautour began seeing Dr. Robert Hopkins for outpatient treatment. (Id. at 222). He told Dr. Hopkins that he had experienced severe anxiety symptoms for years. (Id. at 223). He had had trouble finding a drug that effectively treated his anxiety, and had begun buying Oxycontin on the street. (Id.). He stated that the trazodone prescribed by the doctors at Bournewood had given him a headache, but wondered if the headache had been alcohol-induced because he had been drinking the previous evening. (Id.). He reported that he had a history of drinking, and that he would drink alcohol if he did not have Oxycontin. (Id.). Dr. Hopkins found that “[r]ight-sided headache precipitated by trazodone was suspicious for the diagnosis but his history was not really consistent.” (Id.).

Dr. Hopkins prescribed Valium. (Id. at 223). He advised Vautour of the risks of sedation, but told him that if the prescribed dosage was insufficient, he should try a larger dose. (Id.). The Valium was effective in relieving Vautour’s anxiety. (Id.).

On November 28, 2005, Vautour telephoned Dr. Hopkins to say that the prescribed Valium was no longer effective in relieving his symptoms. (Id.). Dr. Hopkins wrote him an a prescription for Risperdal in addition to the Valium. (Id.)3

On December 2, 2005, Vautour told Dr. Hopkins that he had spilled his bottle of Valium into the kitchen sink and lost most of the remaining pills. (Id.). Since that time, he had been taking two Risperdal a day, along with two or three Valium. (Id.). Dr. Hopkins increased his prescribed dosage of Valium, and instructed him to continue taking the Risperdal. (Id. at 224).

On December 13, 2005, Vautour informed Dr. Hopkins that he had nearly exhausted his medication. (Id.). Dr. Hopkins surmised that he had been taking his medication at two or three times the rate at which it had been prescribed. (Id.). In addition, Vautour had since visited another physician and had obtained a week’s supply of tramadol, which he had exhausted in four days. (Id.)4 Dr. Hopkins felt that Vautour was intoxicated, and noted that his thinking appeared slowed, his memory was impaired, his speech was slowed and slightly slurred, and his pupils were shrunken to pinpoints. (Id.). Dr. Hopkins told Vautour' that he did not think he could treat him as an outpatient because he needed to be admitted for detoxification. (Id.). He also advised Vautour of [103]*103the risk of withdrawal seizures. (Id.). Vautour refused to return to the hospital voluntarily. (Id.).

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Bluebook (online)
865 F. Supp. 2d 99, 2012 U.S. Dist. LEXIS 43922, 2012 WL 1085526, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vautour-v-astrue-mad-2012.