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Griswold v. SHHS, 94-2168 (1995)

Court: Court of Appeals for the First Circuit Number: 94-2168 Visitors: 5
Filed: Jun. 13, 1995
Latest Update: Mar. 02, 2020
Summary: _________________ __________________, Assistant United States Attorney, and Jessie M. Klyce, Assistant, ________________, Regional Counsel, Department of Health and Human Services, on brief, for appellee.recommended that claimant undergo psychotherapy.The judgment of the district court is affirmed.
USCA1 Opinion









June 13, 1995
[NOT FOR PUBLICATION]

UNITED STATES COURT OF APPEALS
FOR THE FIRST CIRCUIT


____________________


No. 94-2168

LORRAINE GRISWOLD,

Plaintiff, Appellant,

v.

SECRETARY OF HEALTH AND HUMAN SERVICES,

Defendant, Appellee.


____________________

APPEAL FROM THE UNITED STATES DISTRICT COURT

FOR THE DISTRICT OF MASSACHUSETTS

[Hon. Frank H. Freedman, Senior U.S. District Judge] __________________________

____________________

Before

Cyr, Boudin and Stahl,
Circuit Judges. ______________

____________________

Sandra Susse on brief for appellant. ____________
Donald K. Stern, United States Attorney, Karen L. Goodwin, _________________ __________________
Assistant United States Attorney, and Jessie M. Klyce, Assistant ________________
Regional Counsel, Department of Health and Human Services, on brief
for appellee.


____________________


____________________












Per Curiam. We have carefully reviewed the record __________

and the briefs of the parties and agree with the decision of

the district court for essentially the reasons stated in its

Memorandum and Order, dated September 8, 1994. We add only

the following comment.

Aside from taking Pamelor, claimant did not undergo

any treatment for her depression. She maintains that she had

limited insight into her condition and, thus, did not realize

the need for psychotherapy. The record indicates otherwise.

In December 1988, claimant informed Dr. J. Stephen Fink, a

consulting neurologist, that she was scheduled to see a

psychological counselor. When she next saw Dr. Fink in July

1989, she stated that she never had pursued treatment for her

depression. This reveals an awareness on claimant's part of

the appropriateness of counseling.

Further, personnel at Baystate Medical Center twice

recommended that claimant undergo psychotherapy. The first

occasion was in November 1990 after claimant expressed

suicidal ideation. The second was in July 1991, but claimant

refused the referral. Finally, Dr. Michael Bohnert, one of

the examining consultants, indicated that psychotherapeutic

intervention might significantly improve claimant's prognosis

and, in a related vein, Dr. Elizabeth P. Hess, another

examiner, opined that claimant needed a more aggressive

course of medication.





















As we noted in Tsarelka v. Secretary of Health and ________ _______________________

Human Services, 842 F.2d 529 (1st Cir. 1988) (per curiam), _______________

the Social Security regulations require a claimant to follow

restorative treatment prescribed by her physician. Id. at ___

534 (citing 20 C.F.R. 404.1530(a)). The failure to observe

prescribed treatment without good cause can lead to a finding

of not disabled. Id. (citing 20 C.F.R. 404.1530(b)). ___

Indeed, gaps in the medical record which indicate a lack of

treatment are "evidence" for purposes of the disability

determination. Irlanda-Ortiz v. Secretary of Health and _____________ _________________________

Human Services, 955 F.2d 765, 769 (1st Cir. 1991) (per _______________

curiam).

Thus, claimant's disregard of the specific

referrals to psychotherapy, as well as the lack of evidence

to indicate that her medication ever was re-evaluated, are

proper considerations. Based on this record, then, we cannot

say that the Secretary of Health and Human Services erred in

citing the lack of treatment as one of the reasons for the

determination that claimant was not disabled. See id. ___ ___

(conflicts in the evidence are for the Secretary). In this

case, we think, the absence of treatment is dispositive.

The judgment of the district court is affirmed. ________









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Source:  CourtListener

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