JOHNSON v. COLVIN
3:14-cv-00094
M.D. Ga.May 21, 2015Background
- Plaintiff Ouida Bethune Johnson applied for DIB and SSI on Sept. 29, 2010, alleging disability beginning Jan. 2, 2009; ALJ found disability beginning Jan. 6, 2011 and awarded DIB from that date, denying benefits for the earlier period.
- Medical record shows long history of major depressive disorder with psychotic features (auditory/visual hallucinations), emergency psychiatric treatment in March 2010, and involuntary commitment in July 2010; treating psychiatrist Dr. Hashmi provided ongoing care.
- A consultative exam on Jan. 6, 2011 (Dr. Butryn) noted prominent psychotic features and suggested emerging schizophrenia but related psychosis to depression.
- ALJ gave great weight to Dr. Hashmi and emergency providers for diagnosis of major depressive disorder with psychotic features, and also relied on Dr. Butryn’s Jan. 6, 2011 exam to fix the onset date as that day.
- At step four the ALJ found claimant could not perform past work; before Jan. 6, 2011 vocational expert testimony supported jobs existing in significant numbers (e.g., cafeteria attendant), but after Jan. 6, 2011 no jobs fit the RFC, producing a partially favorable decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ erred in setting onset date at Jan. 6, 2011 | Johnson: disability began Jan. 2, 2009 (or at least by March/July 2010), supported by treating records and hospitalizations | Commissioner: onset date supported by record and consultative exam of Jan. 6, 2011 | Court: ALJ erred; record supports earlier onset and ALJ should have used SSR 83-20 procedures (call medical advisor or recontact treating psychiatrist) |
| Whether ALJ erred in finding Listing 12.05C met | Johnson argued the listing should have been found met | Commissioner disagreed | Court did not reach/decide — issue not addressed because onset-date error dispositive |
| Whether ALJ erred in weighing Dr. Solomon’s opinion | Johnson contended ALJ failed to properly weigh examining psychologist Dr. Solomon | Commissioner maintained ALJ applied appropriate weight | Court did not reach/decide — issue not addressed because onset-date error dispositive |
| Remedy: remand needed? | Johnson sought remand for award dating to alleged onset or further proceedings | Commissioner would defend ALJ’s decision | Court: REMANDED to Commissioner for further proceedings consistent with SSR 83-20 (determine proper onset via medical advisor or recontact treating source) |
Key Cases Cited
- Walker v. Bowen, 826 F.2d 996 (11th Cir.) (standard of review: substantial evidence)
- Dyer v. Barnhart, 395 F.3d 1206 (11th Cir.) (definition of substantial evidence and appellate review limits)
- Moore v. Barnhart, 405 F.3d 1208 (11th Cir.) (court may not re-weigh evidence or decide facts)
- Harrell v. Harris, 610 F.2d 355 (5th Cir.) (court must ensure correct legal standards applied)
- Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir.) (entire record scrutiny for reasonableness of findings)
- Jones v. Bowen, 810 F.2d 1001 (11th Cir.) (claimant’s initial burden to prove inability to perform previous work)
- Oldham v. Schweiker, 660 F.2d 1078 (5th Cir.) (stringency of claimant’s burden illustrated)
- Phillips v. Barnhart, 357 F.3d 1232 (11th Cir.) (five-step sequential evaluation framework)
- Carnes v. Sullivan, 936 F.2d 1215 (11th Cir.) (credibility determinations are for the Commissioner)
- Wheeler v. Heckler, 784 F.2d 1073 (11th Cir.) (resolving conflicts in evidence is for the Commissioner)
- Graham v. Bowen, 790 F.2d 1572 (11th Cir.) (same point on evidentiary conflicts)