DONETTA W. AMBROSE, Senior District Judge.
Plaintiff filed an application for supplemental security income under Title XVI of the Social Security Act, 42 U.S.C. §§ 1381-1383f. Plaintiff alleged disability since May 3, 2011, due to mental impairments, including polysubstance abuse and schizoaffective disorder. Plaintiff's application was denied initially, and upon hearing before an Administrative Law Judge ("ALJ"). The Appeals Council denied her request for review. Before the Court are the parties' cross-motions for summary judgment. For the following reasons, Plaintiff's Motion will be granted, and Defendant's denied. This matter will be remanded for further proceedings.
Judicial review of the Commissioner's final decisions on disability claims is provided by statute. 42 U.S.C. §§ 405(g) 6 and 1383(c)(3) 7. Section 405(g) permits a district court to review the transcripts and records upon which a determination of the Commissioner is based, and the court will review the record as a whole. See 5 U.S.C. §706. When reviewing a decision, the district court's role is limited to determining whether the record contains substantial evidence to support an ALJ's findings of fact.
A district court cannot conduct a
First, Plaintiff argues that, although the ALJ gave "significant weight" to the opinion of Dr. Schiller, a non-examining state agency psychologist, he failed to include certain of Dr. Schiller's limitations in the residual functional capacity ("RFC") assessment. Dr. Schiller, who completed the disability determination explanation at the initial level, opined that Plaintiff was moderately limited,
The ability to interact with the public, however, is not precisely the same as the ability to interact with supervisors and co-workers.
Defendant points out that the ALJ observed that Plaintiff worked at a food bank for eight hours a month (apparently a mandatory work detail to maintain her rent), and serves as vice president of her tenant council for her housing project, requiring her to attend monthly meetings (which, as Plaintiff testified, she does not always attend). These de minimis activities, the ALJ concluded, "indicate greater social functioning capabilities than otherwise indicated by Plaintiff at her hearing testimony." This does not constitute adequate explanation for declining to adopt Dr. Schiller's clearly expressed moderate limitations, despite assigning his opinion significant weight.
Plaintiff first contends that the ALJ ignored probative evidence of record, including fifteen global assessment of functioning ("GAF") scores and therapy records from Mercy Behavioral Health.
In particular, Plaintiff points to GAF scores assigned during her treatment at Mercy Behavioral Health in 2008, 2011, and 2012, ranging from 35 to 50.
GAF scores are used by mental health professionals to assess "current treatment needs and provide a prognosis." Accordingly, GAF scores are competent medical evidence to be addressed by an ALJ, but do not directly correlate to the severity requirements of mental disorder Listings, or to disability. See, e.g.,
With respect to those records, relating to Plaintiff's visits to Mercy Behavioral Health, the ALJ cited to only one session, and only to benign findings from that session. While Defendant correctly points out that a therapist is not an "acceptable medical source" under applicable regulations, a therapist is an "other source." 20 C.F.R. § 404.1513(d). "Information from such `other sources' may be based on special knowledge of the individual and may provide insight into the severity of the impairment(s) and how it affects the individual's ability to function." SSR 06-03p, 2006 SSR LEXIS 5. An ALJ is required to consider all of the relevant evidence of record, including information from "other sources."
Next, Plaintiff contends that the ALJ erred in discounting Plaintiff's credibility based on a mischaracterization of the record. In particular, Plaintiff avers that the ALJ should not have relied on Plaintiff's withdrawal from therapy, and that he mischaracterized her once-monthly work at a food bank and role as vice president of her tenant's association.
An ALJ's credibility determination is entitled to great deference.
Related to the ALJ's credibility determination, however, I take note of the ALJ's discussion of 20 C.F.R. § 416.930, which permits the denial of benefits if a claimant has failed to follow a prescribed course of treatment. Although Plaintiff has not specifically challenged the ALJ's discussion of this issue, it is worthy of separate mention for procedural reasons: If the ALJ properly found that claimant was not disabled under that Section, any other errors might be deemed harmless. However, it is unclear that the ALJ indeed made a finding that Plaintiff was not disabled under Section 416.930. Moreover, if the ALJ intended to do so, it is unclear that the ALJ considered whether the claimant's voluntary withdrawal from therapy after February, 2012 (almost a full year after the alleged date of onset) constitutes a relevant failure to follow prescribed treatment. Contributing to the ambiguity, the ALJ observed that Plaintiff treated with her psychiatrist in May, July, August, and October of 2012, and was compliant with medications during that time. It is also unclear whether he considered her "mental...limitations" as a reason for that failure, although her treating psychiatrist attributed compliance struggles to paranoia and severe stress intolerance. Accordingly, I cannot find that the ALJ's discussion of 20 C.F.R.§ 416.930 provided independent grounds for denying benefits.
In sum, remand is required so that the ALJ may address the issues raised in the foregoing Opinion. An appropriate Order follows.
AND NOW, this 26th day of March, 2015, it is hereby ORDERED, ADJUDGED, and DECREED that Plaintiff's Motion is GRANTED, and Defendant's DENIED. This matter is remanded for further proceedings consistent with the foregoing Opinion.