Vincent v. Astrue

752 F. Supp. 2d 914, 2010 U.S. Dist. LEXIS 92966, 2010 WL 3602677
CourtDistrict Court, N.D. Indiana
DecidedSeptember 7, 2010
Docket3:09-mc-00191
StatusPublished

This text of 752 F. Supp. 2d 914 (Vincent v. Astrue) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Vincent v. Astrue, 752 F. Supp. 2d 914, 2010 U.S. Dist. LEXIS 92966, 2010 WL 3602677 (N.D. Ind. 2010).

Opinion

OPINION AND ORDER

ROGER B. COSBEY, United States Magistrate Judge.

Plaintiff David L. Vincent appeals to this Court from a final decision of the Commissioner of Social Security (“Commissioner”) denying his application under the Social Security Act (the “Act”) for Disability Insurance Benefits (“DIB”) and Supplemental Security Income (“SSI”). 1 (Docket # 1.) For the following reasons, the Commissioner’s decision will be REVERSED and the case REMANDED for further proceedings.

I. PROCEDURAL HISTORY

Vincent applied for benefits on June 4, 2004, alleging that he became disabled as of January 19, 2004. (Tr. 72-74; 415-18.) The Commissioner denied his application initially and upon reconsideration, and Vincent requested an administrative hearing. (Tr. 48-50; 52-56; 406-14.) Administrative Law Judge (“ALJ”) Bryan Bernstein conducted a hearing on January 31, 2007, at which Vincent, who was represented by counsel; Ms. Donna Niblick, Vincent’s girlfriend; and Mr. Joseph Thompson, a vocational expert (“VE”), testified. (Tr. 427-60.)

On September 28, 2007, the ALJ rendered an unfavorable decision to Vincent, concluding that he was not disabled because he could perform a significant number of jobs in the national economy. (Tr. 14-31.) Vincent filed a Request for Review with the Appeals Council, which was denied, however, making the ALJ’s decision the final decision of the Commissioner. (Tr. 5-13.) Vincent filed a complaint with this Court on July 15, 2009, seeking relief from the Commissioner’s final decision. (Docket #1.) On appeal, Vincent argues that the ALJ improperly evaluated the medical opinion of a treating physician, Dr. Ralph Waldo. (Opening Br. of PI. in Social Security Appeal Pursuant to L.R. 7.3 (“Br.”) 13-19.)

II.FACTUAL BACKGROUND 2

A. Background

Vincent was thirty four years old at the time of the hearing. (Tr. 72.) He did not *917 complete high school, but later obtained an equivalency degree through the mail. (Tr. 269.) Vincent had past relevant work as a torch cutter, transfer press operator, furnace feeder, and cell operator. (Tr. 136.) Vincent alleges that he is disabled due to amnestic disorder following traumatic brain injury, borderline intellectual functioning, major depression, and anxiety. (Br. 2.)

B. Summary of Relevant Medical Evidence

On October 20, 1994, Vincent was treated for a head injury at Parkview Hospital after an automobile accident. (Tr. 213.) His physicians noted that he had a past history of alcoholism and that he had also suffered a minor closed head injury in a March 1994 moped accident. (Tr. 213.) A CT scan showed a minor amount of blood in the subdural space without mass effect or shift. (Tr. 213.) Vincent underwent a program of rehabilitation and was discharged on November 4, 1994. At discharge, it was noted that he was awake and oriented, no longer agitated or confused, able to follow complex commands, and demonstrated a full range of motion in all extremities with good strength. (Tr. 213.)

On October 16, 1995, Vincent was treated at the Bowen Center for alcohol dependence. (Tr. 144.) He reported that he started drinking at the age of 14 and that he drank extensive amounts of alcohol until he was involved in the car accident at age 25. (Tr. 144.) He stated that he had four arrests for driving under the influence. (Tr. 144.) The Bowen Center determined that Vincent met the criteria for admission and that his prognosis was fair. (Tr. 144.)

On October 24, 1995, Vincent was evaluated by Dr. William Yee for complaints of difficulties in concentration. (Tr. 155.) He stated that he did not “do much anymore” and that he “just [sat] in a daze.” (Tr. 155.) Vincent did, however, report that he was working full-time in a machine shop. (Tr. 155.) He told Dr. Yee that he has had problems with depression since childhood and Dr. Yee noted that he had some poverty of thought, psychomotor retardation, intact recent and remote memory, excellent judgment, and that his energy level was consistent with significant clinical depression. (Tr. 156.) Dr. Yee diagnosed Vincent with dysthymia, social phobia, and alcohol dependence in remission and he received treatment, including group discussions and therapy through January 1996. (Tr. 140-43,146-54,159-67.)

In December 1995, Vincent was examined by Bryan Ciula, Ph.D., on referral from Dr. Yee, to determine the scope of any impairment caused by Vincent’s alcoholism and/or his head trauma. (Tr. 138-39.) Vincent claimed that he had difficulties with his short term memory and that he was unable to recall conversations just minutes after they had occurred. (Tr. 138.) Vincent told Dr. Ciula that he had not had any alcohol in two months. (Tr. 138.) Dr. Ciula administered the Wechsler Adult Intelligence Scale-Revised (WAISR), which indicated that Vincent had a verbal IQ in the high borderline range, and performance and full scale IQs in the borderline range. (Tr. 138.) The memory quotient of the WAIS-R indicated that Vincent had difficulty with short term memory and immediate recall of verbal and visual stimuli. (Tr. 138.) Vincent scored poorly on complex problem solving that required abstract reasoning and flexibility of thinking. (Tr. 138.) Dr. Ciula concluded that impairment was most pronounced in higher order reasoning, problem solving skills, and flexibility of thinking. (Tr. 139.) Dr. Ciula also noted that Vincent had some difficulty in his ability to sustain attention and immediately recall information. (Tr. 139.)

*918 The record does not contain any evidence of mental health symptoms until October 2002, when Vincent reported problems with anxiety and concentration, a lack of energy, loss of appetite, and persistent feelings of sadness and worthlessness to his primary care physician. (Tr. 349.) Vincent then saw his family physician, Dr. Richard Kelty, from November 2002 to March 2003, and reported similar problems. (Tr. 344-48.)

In January 2004, Vincent was examined by a psychiatrist, Dr. Ralph Waldo. (Tr. 390.) Vincent reported that he was irritable, that his mood could be better, and that he had increasing problems with concentration. (Tr. 390.) His life stressors included losing his job because of attendance issues and criminal proceedings that resulted from him hitting his girlfriend’s child. (Tr. 390.) He told Dr. Waldo that he was smoking two and a half packs of cigarettes every day and drinking five to six cups of coffee and two to three sodas every day. (Tr. 390.) During a March 2004 visit, Vincent reported that he felt alright, but that he was experiencing increased anger, anxiety, and worry. (Tr. 389.) He also reported financial problems resulting from his job loss. (Tr. 388.) In an April 2004 visit, he again reported problems with concentration and stress from financial problems. (Tr. 388.)

On May 30, 2004, Vincent went to the emergency room with complaints of chest pain. (Tr. 184-86.) He reported that he got drunk on Friday night, felt achy on Saturday, and began to experience chest pain while drinking coffee on Sunday morning. (Tr. 184-86.) He also stated that he was smoking three packs of cigarettes per day. (Tr.

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

Related

James Young v. Jo Anne B. Barnhart
362 F.3d 995 (Seventh Circuit, 2004)
Frobes v. Barnhart
467 F. Supp. 2d 808 (N.D. Illinois, 2006)

Cite This Page — Counsel Stack

Bluebook (online)
752 F. Supp. 2d 914, 2010 U.S. Dist. LEXIS 92966, 2010 WL 3602677, Counsel Stack Legal Research, https://law.counselstack.com/opinion/vincent-v-astrue-innd-2010.