Wilson v. Colvin

17 F. Supp. 3d 128, 2014 DNH 100, 2014 WL 1783610, 2014 U.S. Dist. LEXIS 62453
CourtDistrict Court, D. New Hampshire
DecidedMay 6, 2014
DocketCivil No. 13-cv-285-PB
StatusPublished
Cited by18 cases

This text of 17 F. Supp. 3d 128 (Wilson v. Colvin) is published on Counsel Stack Legal Research, covering District Court, D. New Hampshire primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Wilson v. Colvin, 17 F. Supp. 3d 128, 2014 DNH 100, 2014 WL 1783610, 2014 U.S. Dist. LEXIS 62453 (D.N.H. 2014).

Opinion

MEMORANDUM AND ORDER

PAUL BARBADORO, District Judge.

Richard Arthur Wilson seeks judicial review of a ruling by the Commissioner of the Social Security Administration (“SSA”) denying his application for Disability Insurance Benefits (“DIB”). Wilson claims that the Administrative Law Judge (“ALJ”) erred in failing to call a medical advisor to assist him in determining the onset date of his claimed disability.

For the reasons set forth below, I vacate the decision of the Commissioner and remand for further administrative proceedings.

[130]*130I. BACKGROUND1

A. Procedural History

Wilson applied for DIB on May 14, 2010,2 claiming that he became disabled on July 1, 1994 due to depression, post-traumatic stress disorder (PTSD), social anxiety disorder, obsessive compulsive disorder (OCD), and generalized anxiety disorder.3 Tr. at 28. He was fifty-six years old at the time of his application. The SSA determined that Wilson’s DLI was December 31, 1999. After reviewing his application, it denied his DIB claim on September 23, 2010. Id. Wilson requested a hearing before an ALJ, which was held on December 13, 2011. He appeared by video and was represented by an attorney. Tr. at 23. On December 23, 2011, the ALJ issued a decision finding that Wilson had not been disabled prior to his DLL The Appeals Council denied Wilson’s request for review on April 4, 2013. Accordingly, the ALJ’s decision is the final decision of the Commissioner.

B. Relevant Medical History

1. October 2005-October 2009

Wilson’s medical record includes notes from seven hospital visits prior to his first report of a mental impairment. On October 26, 2005, Wilson visited the emergency room at Dartmouth Hitchcock Medical Center complaining of right shoulder pain after a fall. Tr. at 291. He was diagnosed with a right mid-shaft clavicle fracture and a right ankle sprain. Treatment notes from this visit and four follow-up appointments report that Wilson appeared healthy apart from his injuries and was alert, cooperative, ambulatory, neurologically intact, and in no acute distress.

Wilson next sought medical care three years later. On October 13, 2008, he visited his primary care physician, Dr. Ellen Eisenberg, M.D., complaining of various chronic and acute medical problems. He stated that his last physical exam had occurred when he was in the service.4 Tr. at 275. Wilson subsequently visited Physician Assistant James Gosselin on October 15, 2009 with complaints of chronic low back pain. Dr. Eisenberg’s and Mr. Gosselin’s notes from these visits indicate that Wilson was healthy and presented with a stable mood, no depression, and no psychological symptoms.

2. November 2009 — June 2011

After Wilson first reported psychological difficulties to his medical providers in November 2009, multiple sources documented opinions regarding his impairments. These sources include James Gosselin; psychiatrists Christine Finn, M.D., and Douglas Noordsy, M.D.; and psychologists Claudia Zayfert, Ph.D., Leslie Bryant, Ph.D, and Michael Schneider, 'Psy.D. Wilson also provided evidence of his own functional limitations.

[131]*131a. Physician Assistant Gosselin

On November 30, 2009, Wilson reported to Mr. Gosselin that he experienced difficulty being around people and had struggled with anxiety all of his life. He recounted that it had become such a problem that he eventually quit his job in 1994. Wilson stated that he had recently grown sadder, felt worthless, had lost interest in activities that he previously enjoyed, and had racing thoughts that he dealt with by falling asleep on his couch to old sitcoms. After noting that Wilson was alert and oriented with respect to place, time, and other people, Mr. Gosselin diagnosed Wilson with depression and anxiety, prescribed Lexapro,5 and referred Wilson to Dr. Finn. Tr. at 265.

Wilson returned to Mr. Gosselin on at least three occasions over the next fourteen months. During these visits, he noted that he was able to walk his dog, split firewood, and take care of his granddaughter three days a week. On one occasion, Mh\ Gosselin noted that Wilson was a “healthy male with stable depression and anxiety.” On at least one occasion, Wilson showed no symptoms of depression and was not in acute distress. Mr. Gosselin noted Wilson’s history of anxiety and depression, but was unable to determine a particular onset date for his impairments.

On June 27, 2011, Mr. Gosselin and Dr. Eisenberg together opined that Wilson was markedly limited in his ability to respond appropriately to usual work situations and to changes in a routine work setting, as well as in his ability to interact appropriately with the public, with supervisors, and with coworkers. As an example, they noted that Wilson required medication before leaving his house and had difficulty going out to pick up a pizza.

b. Dr. Finn

Dr. Finn examined Wilson on two occasions in January 2010. During these visits, Wilson complained of lifelong anxiety and difficulty managing social situations. He reported that he feared embarrassing himself and drawing attention to himself, had thoughts that everyone was looking at him, had difficulty being in crowds, had a tendency to rethink things he had said, had anxious ruminations that interfered with his sleep, suffered from headaches and sweaty palms, and checked to see that his garage door was closed up to twenty times a day. Wilson stated that he was experiencing increasing anxiety due to an upcoming court appearance and the prospect of participating in a social anxiety group. At his first appointment, he noted that Lexapro took the edge off his depression, but residual symptoms remained. At the next appointment, Wilson denied any symptoms of depression and reported an improvement in his mood.

Dr. Finn observed that Wilson was stressed with an anxious mood and affect. She noted that he was alert and oriented, with good judgment, good insight, a linear and goal-directed thought process, an appropriate fund of knowledge, and intact attention and memory. Dr. Finn concluded that Wilson’s symptoms were consistent with dysthymia,6 but he was “not greatly functionally impaired by it.” Tr. at 262. She also opined that Wilson appeared to have generalized anxiety disorder, social phobia, specific phobia, and obsessive com[132]*132pulsive disorder (OCD).7 She assigned Wilson a Global Assessment of Functioning (“GAF”) score of sixty.8 Dr. Finn then referred Wilson to Drs. Noordsy and Zay-fert for further treatment. Tr. at 251, 257.

c. Dr. Noordsy

Wilson visited Dr. Noordsy monthly between January and June 2010 and quarterly for the remainder of the year. He informed Dr. Noordsy that he had been sexually abused by a family priest at around age ten and had stopped working in 1994 due to persistent anxiety about returning to work the following day. Wilson noted that he had always experienced social discomfort, particularly in situations where he was alone with a man, because he was afraid that someone would make an advance on him. Consequently, all of his Mends were women.

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Bluebook (online)
17 F. Supp. 3d 128, 2014 DNH 100, 2014 WL 1783610, 2014 U.S. Dist. LEXIS 62453, Counsel Stack Legal Research, https://law.counselstack.com/opinion/wilson-v-colvin-nhd-2014.