Williams v. Social Security Administration

CourtDistrict Court, D. New Mexico
DecidedJanuary 17, 2020
Docket2:19-cv-00058
StatusUnknown

This text of Williams v. Social Security Administration (Williams v. Social Security Administration) is published on Counsel Stack Legal Research, covering District Court, D. New Mexico primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Williams v. Social Security Administration, (D.N.M. 2020).

Opinion

IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF NEW MEXICO

MICHAEL WILLIAMS,

Plaintiff,

vs. Civ. No. 19-58 KK

ANDREW SAUL, Commissioner of the Social Security Administration,

Defendant.

MEMORANDUM OPINION AND ORDER1 THIS MATTER is before the Court on Plaintiff Michael Williams’ (“Mr. Williams”) Motion to Reverse and Remand for Rehearing, with Supporting Memorandum (Doc. 19) (“Motion”), filed June 17, 2019, seeking review of the unfavorable decision of Defendant Andrew Saul, Commissioner of the Social Security Administration (“Commissioner”), on Mr. Williams’ claim for Title II disability insurance benefits under 42 U.S.C. §§ 405(g) and 1383(c)(3). The Commissioner filed a response in opposition to the Motion on September 12, 2019, (Doc. 23), and Mr. Williams filed a reply in support of the Motion on September 30, 2019. (Doc. 24.) Having meticulously reviewed the entire record and the applicable law and being otherwise fully advised in the premises, the Court FINDS that Mr. Williams’ Motion is well taken and should be GRANTED. I. BACKGROUND Mr. Williams is a forty-year-old man who has an associate degree and whose work history includes animal caregiver, information system administrator, computer systems operator, home attendant, and computer tutor. (Administrative Record (“AR”) 038, 040-43, 071.) He became

1 Pursuant to 28 U.S.C. § 636(c) and Federal Rule of Civil Procedure 73, the parties have consented to the undersigned to conduct dispositive proceedings and order the entry of final judgment in this case. (Doc. 12.) unable to work beginning in April 2013 following a single-vehicle motorcycle accident in southern New Mexico in which he was not wearing a helmet. (AR 040, 328, 336.) He suffered numerous injuries, including head injuries consisting of epidural hemorrhage in the left middle cranial fossa in association with fracture of the sphenoid, multi-facial factures, left zygomatic complex fracture, anterior and lateral wall left maxillary sinus fractures, left nasal bone fracture, and a complex facial

laceration of the left brow. (AR 336.) Paramedics who responded to the accident witnessed Mr. Williams having a seizure at the scene, and he was airlifted to University Medical Center of El Paso. (AR 336, 449.) Mr. Williams was admitted to the surgical intensive care unit and underwent surgery on April 19, 2013 to address his head injuries. (AR 336, 338-39, 449.) He was discharged on April 25, 2013 with instructions to continue anticonvulsant medications for six months. (AR 336.) Post-Accident Treatment Mr. Williams began seeing Javed Iqbal, M.D., at Neurology Associates of Mesilla Valley on May 3, 2013. (AR 437.) At his first visit, he reported having memory loss, visual changes

(blurred vision), dizziness, pain, numbness, weakness, and headaches. (Id.) At a follow-up visit in July 2013, Mr. Williams reported that “his memory issues are still very significant” and that he continued to experience weakness and numbness on the left side of his face as well as “some visual disturbances” but denied any recent seizures or headaches. (AR 439.) In September 2013, he reported that his memory “is gradually improving[,]” although he still experienced “occasional memory issues[,]” and no problems with seizures and headaches. (Id.) At that time, it was documented that Mr. Williams’ “[s]trength is normal[,] [c]oordination is normal[,] [g]ait is unremarkable.” (Id.) At follow-up visits in March, June, and December 2014, Dr. Iqbal documented Mr. Williams’ reports of “some memory problems” as well as “anxiety and mood difficulties” but that he had no additional reports of seizures and generally unremarkable neurological examinations. (AR 441, 443, 445.) Dr. Iqbal discontinued Mr. Williams’ anticonvulsant prescription in December 2014 and instructed Mr. Williams to follow up on an as- needed basis. (AR 445.) After being discharged from the hospital, Mr. Williams also sought follow-up care from

his primary care physician, Gilberto Heredia, M.D., at White Sands Family Practice Clinic, beginning on April 29, 2013. (AR 066, 519.) At a follow-up visit on June 25, 2013, Dr. Heredia noted that Mr. Williams presented “with a psychiatric problem. The psychiatric problem(s) is described as depression and agitation.” (AR 513.) Dr. Heredia described the problems—which he stated “occurred after trauma”—as “moderate,” though “fluctuat[ing] in intensity and . . . worsening,” and noted that “[e]xacerbating factors consist of emotional stress and noisy environment.” (Id.) He diagnosed Mr. Williams with, inter alia,2 anxiety disorder, major depressive disorder (recurrent episode), mild traumatic brain injury (“TBI”), and history of epidural hemorrhage, and he began treating Mr. Williams with antidepressants. (AR 510, 514.) Dr.

Heredia continued treating Mr. Williams’ psychiatric problems with various prescription medications for several years. (See AR 476-511, 651-65.) In February 2017, he completed a long- term disability form in which he opined that Mr. Williams “is able to engage in only limited stress situations and engage in only limited interpersonal relations[.]” (AR 679.) Dr. Heredia indicated diagnoses of the following medical conditions that he believed impacted Mr. Williams’ ability to work: TBI, traumatic facial neuropathy, outbursts of anger, major depressive disorder, GERD without esophagitis, and anxiety. (AR 679.) He documented restrictions and limitations in Mr. Williams’ ability to finely manipulate, power grasp, push/pull, keyboard, reach above shoulder

2 The record indicates that Dr. Heredia diagnosed Mr. Williams with and treated him for many different conditions over the years. The Court discusses only those that relate to the issues on appeal. level, reach at waist level/below waist, bend/twist/squat, and climb/balance. (AR 680.) He additionally noted that Mr. Williams “has severe anxiety and thus limitations in potentially stressful situations even if they are simple interactions with others[.]” (Id.) In response to a question asking if there are “any reasonable accommodations which might assist in a successful rehabilitation and return to work in some manner[,]” Dr. Heredia indicated, “simple tasks, stress[-

]free environment with minimal interactions w[ith] others[.]” (Id.) After his accident, Mr. Williams additionally reestablished treatment with Robin LaRocque, LPCC, the counselor he had gone to in 2012 for marriage counseling. (AR 064, 670.) LPCC LaRocque diagnosed Mr. Williams with posttraumatic stress disorder (“PTSD”), major depressive disorder, generalized anxiety disorder, and TBI and treated him on a monthly, sometimes weekly, basis through at least May 2017. (AR 065, 524, 670, 681.) In a September 2015 to-whom-it-may-concern letter, LPCC LaRocque explained: Since the traumatic brain injury[,] [Mr. Williams] has been suffering from multiple symptoms. He reports he gets easily confused, easily distracted, and easily angered. He has difficulty being around small to large gatherings of people, even family. Michael reports he was very outgoing and enjoyed a very active social life before this accident. He has since been put on temporary disability and can’t work at the job he was employed with before the accident.

(AR 524.) She stated that while Mr.

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Williams v. Social Security Administration, Counsel Stack Legal Research, https://law.counselstack.com/opinion/williams-v-social-security-administration-nmd-2020.