JOHN M. BODENHAUSEN, Magistrate Judge.
This matter is before the Court for review of an adverse ruling by the Social Security Administration. The parties have consented to the jurisdiction of the undersigned United States Magistrate Judge pursuant to Title 28 U.S.C. § 636(c). For the reasons stated below, the Commissioner's decision is reversed and the matter is remanded.
In July and August 2013, plaintiff Teresa Hammack filed applications for disability insurance benefits, Title II, 42 U.S.C. §§ 401 et seq., and supplemental security income, Title XVI, 42 U.S.C. §§ 1381 et seq., with an alleged onset date of August 30, 2004. (Tr. 172-80, 181-86). After plaintiff's applications were denied on initial consideration (Tr. 50-59, 60-65), she requested a hearing from an Administrative Law Judge (ALJ). (Tr. 80-81).
Plaintiff appeared for a video hearing with counsel on August 25, 2015,
Plaintiff was born on January 23, 1965, and was 48 when she filed her applications and 50 when the ALJ issued his decision. She completed two years of college and could read, write, and complete simple math. (Tr. 30-31). She owned and operated a janitorial business between 1994 and 2003. In addition to performing janitorial functions, she supervised between 4 and 30 employees, managed hiring and firing, promoted the business, and handled payroll, billing, and accounts receivable. (Tr. 210-11). She stopped working due to her impairments. (Tr. 209).
Plaintiff listed her impairments as generalized anxiety disorder, chronic schizoaffective disorder with acute exacerbation, and recurrent major depressive disorder. (Tr. 31, 209). She had psychiatric admissions in 1985 and July 2014. (Tr. 31). She received psychiatric treatment from psychiatrist Deborah B. Krause, D.O. (Tr. 35). Between August 2013 and August 2015, plaintiff was prescribed a number of psychotropic medications, including lithium carbonate, loxapine, paroxetine, clonazepam, and Latuda. She also took levothyroxine for the treatment of hypothyroidism. (Tr. 212, 324, 342).
Plaintiff's neighbor Mary White completed a third-party function report in August 2013. (Tr. 217-27). According to Ms. White, plaintiff had taken care of her elderly mother for several years until her death in November 2012. The loss of her mother and her inability to work caused plaintiff's conditions to worsen to the point that she was unable to take care of her daily chores. Sometimes plaintiff had insomnia and, at other times, she slept "all the time." (Tr. 218). Ms. White and her husband spent between two and six hours every day with plaintiff, making sure she ate two meals and took her medications. Plaintiff had periodic panic attacks and was sometimes afraid to go outside. She did not like to go out on her own, but she did go to church with Ms. White and participate in the service. She liked to take walks, do yard work, and visit with neighbors. Plaintiff stated in her own function report (Tr. 230-38) that when she was really depressed she did not care if she ate and that she had difficulties with talking, memory, completing tasks, concentrating, understanding and following instructions, while Ms. White opined that plaintiff followed written instructions quite well. Both Ms. White and plaintiff stated that plaintiff got along well with others, with the exception of plaintiff's brother. The Field Office interviewer described plaintiff as "confused and irritated" and observed that plaintiff had difficulty with understanding, coherence, concentration, talking, and answering. (Tr. 206).
Plaintiff lived alone in August 2013 when she filed her applications but planned to move in with a roommate in the near future. (Tr. 231). In describing her daily activities, plaintiff stated that she napped in the mornings and afternoons and watched television. She tried to walk with a friend, but was often unable to leave her house. She considered any day she went outside to be "a good day." (Tr. 231). In October 2013, plaintiff reported to the State agency that she showered infrequently because she had hallucinations of things coming out of the shower head. She also did not wash the dishes and just let them pile up until someone else washed them for her. She stated that since her last disability report she had begun to avoid going into public or crowded situations and that she got very behind on laundry. (Tr. 245).
At the August 2015 hearing, plaintiff reported that she had stopped taking the antipsychotic Latuda while undergoing antibiotic treatment for a peptic ulcer but expected to resume in a few days at an increased dosage. (Tr. 32). When she was taking her antipsychotic medications, she had four or five good days every week. (Tr. 34). On such days, she woke up at 8:00, had breakfast, walked the dog and fed the cats, and "tr[ied] to stay out of bed as much as possible." (Tr. 33). Even on good days, it was hard for her to leave the house, so she made excuses to stay home. She was responsible for the majority of the housework in exchange for rent and washed dishes, cleaned the floors, and changed litter boxes. (Tr. 34). When she felt up to it, she prepared meals for herself and her roommate. She was able to watch television on good days, and sometimes was able to watch an entire hour-long show; other times, she got distracted or lost interest after 10 or 15 minutes. (Tr. 35-36). She liked to do yard work when her roommate was willing to be outside with her. (Tr. 36). On bad days, such as when she could not take her antipsychotic medications, she wanted to sleep to avoid the anxious and depressed feelings. She got up for an hour around 10:00 or 11:00 and then slept until 5:00 or 6:00 before getting up to eat supper. She then stayed awake until 9:00 before returning to bed. (Tr. 33-34). She did not watch television on those days. (Tr. 38). She testified that she had recently experienced paranoid thoughts while at Wal-Mart and left her cart in the aisle and went home. (Tr. 37). The medications caused generalized sleepiness, dry mouth, upset stomach and occasional diarrhea, but she was willing to deal with the side effects in order to control her psychotic episodes. (Tr. 33).
Vocational expert Jeremy Beltramo was asked to testify about the employment opportunities for a hypothetical person of plaintiff's age, education, and work experience who was able to perform work at all exertional levels but who was limited to performing simple work as defined in the Dictionary of Occupational Titles as specific vocational preparation (SVP) levels one and two — which the ALJ defined as routine tasks with only occasional decisionmaking, only occasional changes in the work setting, and no strict production quotas, emphasizing a per shift rather than per hour basis. (Tr. 40). In addition, the hypothetical individual was limited to only occasional interaction with the public, coworkers, and supervisors. Such an individual would not be able to perform plaintiff's past relevant work, but could perform other work that was available in the state and national economy, including stubber, machine packager, and industrial cleaner. (Tr. 40-41). Each of these jobs had an SVP level of two. An individual who was unable to concentrate for more than 30 minutes at a time, was off-task 20 percent of the workday, or had more than two unexcused absences in a month or repeated tardiness would not be employable.
The largest portion of the medical evidence in this case consists of psychiatric treatment records from Dr. Krause from November 2007 through August 2015.
In March 2007, plaintiff underwent a new patient evaluation at University Hospital in Columbia, Missouri, with the goal of enrolling in a patient assistance program for her medications. Plaintiff reported that she experienced highs and lows, with symptoms of mania and depression, and auditory command hallucinations telling her to kill herself. She had about 20 prior suicide attempts, through attempted drowning and overdoses. She slept 18 to 20 hours a day, and had poor appetite, decreased motivation and energy, crying spells, poor concentration, feelings of guilt and worthlessness, distractibility, derealization, and depersonalization. She had been treated by a psychiatrist in St. Louis, but he no longer offered a patient assistance program for her prescriptions, which included Lexapro, Abilify, BuSpar, Wellbutrin, and Klonopin. On examination, plaintiff was alert and oriented, with good eye contact. Her hygiene was fair. She appeared anxious with restricted affect. She was diagnosed with schizoaffective disorder, bipolar type, and assessed as moderately ill. She was referred to counseling services
Plaintiff established services with Dr. Krause at the University of Missouri Center for Mental Wellness in Jefferson City on November 15, 2007.
In December 2007, plaintiff reported that she had been unable to afford the blood tests. (Tr. 305-07). Her mother had moved in with her for mutual support during the winter. She had stopped taking Invega and Depakote after three days because of unpleasant side effects. She reported that her mood swings were increasing in frequency. She had several days of depression but now was entering a manic phase — she was unable to sleep and felt edgy, wired, and nervous. She presented with significant involuntary facial movements, which she said began when she first took Abilify. She continued to experience auditory hallucinations.
On January 7, 2008, plaintiff reported mood swings with significant alteration in her sleeping. (Tr. 303-05). During a "mildly manic" phase, she slept three or four hours a night, with racing thoughts and increased hallucinations. In the subsequent depressive phase, she slept up to 20 hours a day. The clonazepam provided some relief for her anxiety and sleep issues. She did not display involuntary facial movements; otherwise her mental status was essentially unchanged. Dr. Krause prescribed a trial of Seroquel to target the hallucinations. Dr. Krause modified her diagnosis to methamphetamine abuse in remission. In February 2007, plaintiff reported that she continued to have rapid changes in mood, but thought they were happening less often. (Tr. 301-02). She still had daily hallucinations. She was not sleeping as much during the daytime and was sleeping 12 to 14 hours at night. Nonetheless, she had more bad days than good and isolated herself somewhat because she was self-conscious about her facial tics. She reported feeling a general lack of interest. She used Klonopin three or four times a week to treat acute anxiety. Her mother was continuing to stay with her, which was a benefit to both of them. On examination, she was pleasant, interactive and talkative, with good eye contact and occasional smiles. She had prominent facial tics. Dr. Krause increased plaintiff's Seroquel dosage and added Cogentin to treat muscle stiffness. Plaintiff's amphetamine abuse was now in full sustained remission.
In March 2008, plaintiff reported that she was busy with various family matters and taking her mother to appointments. (Tr. 298-300). Her facial tics did not improve on Cogentin so she stopped taking it. She had fewer hallucinations on the higher dosage of Seroquel. In addition, she was somewhat better able to focus and her obsessive-compulsive tendencies had lessened. With respect to her mood, her lows were not as low, but her sleep pattern continued to be erratic — she had two weeks of sleeping two or three hours a night, with one 48-hour period in which she slept around the clock. Her mental status examination was largely unchanged, with no evidence of delusional thought or acute psychosis. Dr. Krause increased the dosage of Seroquel to target the hallucinations, mood swings, and erratic sleep. She delayed increasing the dosage of Depakote because plaintiff had not obtained the necessary blood work.
In July 2008, plaintiff stated that her mother planned to stay with her until they could move together to her mother's home. She reported some conflict with her brother and concern for her future finances. The increased dosage of Seroquel reduced the frequency and intensity of her hallucinations and mood symptoms, but she ran out two weeks before the appointment, leading to increased auditory hallucinations. She found the "chatter" extremely disturbing and was preoccupied by trying to detect the source of the noises she heard. (Tr. 294-96). She stopped taking the Lexapro and BuSpar because she did not think they were helpful, and decreased the dosage of Wellbutrin to 300 mg, which was the amount she could obtain from her mother's physician. She took clonazepam as needed when she was manic or unable to sleep. She was still unable to afford the blood work Dr. Krause ordered. Dr. Krause provided plaintiff with some samples of Seroquel so she could take 600 mg a day. Plaintiff called a few days later to report that she had increased sedation, blurred vision, dizziness, and leg twitching; she was told to reduce her Seroquel dosage to 500 mg. (Tr. 297). She called again on August 12, 2008, to say that she could not keep her scheduled appointment because she had been unable to sleep for four days and was too manic to drive. (Tr. 290). Plaintiff was told to increase her Klonopin and to call to set another appointment.
Plaintiff did not return until March 2013. (Tr. 287-89). Dr. Krause noted that plaintiff was "lost to care" while acting as the primary caregiver for her mother, who died of complications of dementia in November 2012. Since that time, plaintiff had experienced a progressive worsening of her depression and anxiety. She reported low mood, anhedonia, anergia, poor focus and concentration, procrastination, crying spells, decreased appetite, and weight loss. She had frequent panic attacks and continued to experience auditory hallucinations. She did not have mood lability or mania. She was chiefly concerned with her depression and anxiety, which interfered with her ability to go out in public and get things done. In addition, she was in conflict with her brother over whether to sell her mother's home, in which she had been living for several years. She had supportive friends and relatives. On examination, plaintiff had appropriate dress and grooming, was alert and oriented, and was interactive, pleasant, and cooperative. Her affect was anxious and tearful. Her speech patterns were normal, her thought processes were coherent, and she had no psychomotor abnormalities. Dr. Krause assessed plaintiff's fatigue as mild, her concentration as fair, and her anxiety as severe. She was paranoid at times. Dr. Krause diagnosed plaintiff with major depressive disorder, recurrent episode, severe, with psychosis; and anxiety disorder, generalized. She assessed plaintiff's GAF as 51. In discussing medications, Dr. Krause noted that plaintiff had previously done well with a combination of Seroquel, Depakote, clonazepam and Wellbutrin, but was now limited to what she could realistically afford. Dr. Krause prescribed citalopram to treat the depression and clonazepam for panic attacks, as needed.
In April 2013, plaintiff appeared with a cousin. (Tr. 284-86). She reported that she actually felt worse after beginning the medications and assessed her mood at level 2 to 3 on a 10point scale. She was feeling so depressed that she had considered going to the psychiatric facility in Rolla, where she lived. She was also struggling with severe anxiety and for three days had been unable to leave the house to get needed groceries. She experienced occasional paranoia with the belief that others were out to get her. She felt a lot of grief and constantly heard her mother calling for her.
In June 2013, plaintiff reported little improvement. (Tr. 281-83). Her mood swings had increased and she had been manic for the last 48 hours, with reduced sleep and racing thoughts. She was engaged in cleaning and doing extensive yard work without taking breaks to eat or rest. She continued to feel suspicious and anxious when she was out in public.
In July 2013, plaintiff appeared with her neighbor Mary. (Tr. 278-80). She reported that her manic symptoms had resolved but she now was very depressed. She felt tired despite sleeping 18 hours a day. She was also eating poorly and had an increase in auditory hallucinations. She was still living in her mother's house, which was scheduled for auction in less than a week and she did not know where she would live. Her attorney was working on strategies to assist her with the situation and had suggested she apply for Social Security disability benefits. Mary was helping plaintiff clean her house and apply for benefits. Dr. Krause added loxapine to target mood symptoms and hallucinations, continued the lithium and Paxil, and decreased the clonazepam. She instructed plaintiff to call the office with a progress report in two weeks, and to remain up during daytime hours and eat more consistently. Dr. Krause again assessed plaintiff with worsening depression, severe anxiety, panic attacks, and occasional paranoia. On examination, plaintiff was alert, oriented, interactive, and cooperative with occasional smiles. Her GAF was 51.
When plaintiff returned in September 2013, she was accompanied by another cousin. (Tr. 363-65). Shortly before the appointment, she called to complain of increased manic symptoms; this followed a two-week period of feeling very depressed. Dr. Krause raised plaintiff's lithium dosage at that time. With the exception of sleeping well for two nights, plaintiff had not experienced an improvement in her symptoms and complained that she was quite sedated during the day. She continued to experience auditory hallucinations. She was under great stress due to her finances, conflict with her brother, the impending foreclosure, and acting as executor for her mother's estate. She had severe panic attacks, with shortness of breath, heart palpitations, and feeling scared. Dr. Krause prescribed a slight increase in clonazepam to address the panic attacks and increased the loxapine for the mood swings and psychotic symptoms; the lithium and Paxil remained unchanged. Dr. Krause directed her to go to an emergency room if she felt suicidal or unsafe. Dr. Krause assessed plaintiff with severe anxiety, hallucinations, and occasional paranoia. On examination, plaintiff was alert, oriented, and cooperative. Dr. Krause noted that she had positive interactions with her cousin during the visit. Her GAF was 53.
In October 2013, plaintiff was again accompanied by her friend Mary. (Tr. 360-62). Her depression had worsened, with low mood, anhedonia, anergia, and crying spells. She was evicted from her mother's home and was in the process of moving her belongings back to her own home, which she had rented to a long-time friend. The increased familial, housing, and financial stress made her symptoms worse. She experienced an increase in generalized trembling due to her anxiety. Dr. Krause noted that plaintiff was trembling initially but she visibly calmed and the trembling ceased as the visit progressed. Plaintiff reported that she had thought about cutting her wrist about two weeks earlier but had not acted on the thought. Dr. Krause suggested that she consider an inpatient admission for crisis stabilization and "to get more aggressive with treatment for her symptoms." (Tr. 360). Plaintiff declined because she had fewer than 30 days to move her belongings from her mother's home. Instead, plaintiff agreed to sleep in her own home where her friend was present and to call Mary if she felt suicidal or unsafe. In addition, Mary agreed to spend part of each day with her. Dr. Krause provided samples of Seroquel.
In November 2013, plaintiff was accompanied by her cousin. She reported that she was very overwhelmed trying to move her belongings to her home. (Tr. 357-59). She often slept for 20 hours a day. Her friends and family were supportive but told her she needed to do more to help herself. She had transient tremors that increased when she felt anxious. She had transient auditory hallucinations which occasionally told her to hurt herself, but they had decreased in frequency and intensity since starting Seroquel.
In December 2013, plaintiff reported that her mood was "on a more even keel," but she complained that she could only feel extreme emotions. (Tr. 354-56). She continued to sleep 18 hours a day and had made little effort to improve her sleep hygiene. Furthermore, she had made little progress on packing her belongings, despite being past the deadline for moving out of her mother's home. Mary and her husband ate dinner with plaintiff every day and provided emotional support when she was anxious or depressed. Her relationship with her brother had improved. She had briefly stopped taking her morning medications to address the daytime sedation, but quickly resumed them when her symptoms recurred. Dr. Krause made changes to plaintiff's medication to minimize the daytime sedation and emotional numbing and instructed plaintiff to take her medications as prescribed. Dr. Krause agreed to see plaintiff in six weeks, rather than four, due to plaintiff's financial concerns. Dr. Krause assessed plaintiff with increased sleep issues, moderate to severe fatigue, fluctuating depression, panic attacks, severe anxiety, hallucinations, and occasional paranoia. On examination, plaintiff was alert, oriented, interactive and cooperative, with an anxious affect and occasional smiles.
Plaintiff appeared as scheduled in February 2014. (Tr. 351-53). She reported that she had stopped taking her medications for a four-week period, initially so she could drink alcohol on New Year's Eve and then because she had the flu. She had restarted the medications without ill effect. Her sleep remained erratic and she rated her mood at level 4 on a 10-point scale. She felt very anxious and panicky at times, but denied feeling irritable or angry. Her auditory hallucinations had decreased in frequency. She had not worked on improving her sleep hygiene or on packing her belongings. Friends and family members were providing her with the money she needed for medication and were "watching her closely" — for example, the Whites ate dinner with her every day and her cousin called the office with concerns about plaintiff's mood. Plaintiff was resistant to transferring her care to a mental health center nearer her home where she could pay a reduced fee. Dr. Krause again instructed plaintiff to improve her sleep hygiene and take care of her physical well-being. Dr. Krause assessed plaintiff as having erratic sleep, moderate to severe fatigue, panic attacks, severe anxiety, occasional paranoia, decreased hallucinations, and mood swings. On examination, plaintiff was alert, oriented, interactive and cooperative, with an anxious affect and occasional smiles. She was also distractible. Her GAF was 56.
At her visit in March 2014, plaintiff reported that she was now living in her home with a roommate and his dog, but this house also was in foreclosure. (Tr. 348-50). She had stopped taking all her medications because she felt emotionally numb and then restarted them when she became more depressed. She was very depressed, with anhedonia, anergia, indecisiveness, poor focus and concentration, erratic sleep, decreased appetite, and weight loss. Her sleep schedule was erratic and she was not following through on strategies to improve her sleep hygiene or go through her possessions. Friends and family members offered to provide the money she needed to avert foreclosure. Plaintiff's presentation and medical status examination were unchanged.
Plaintiff called Dr. Krause's office on May 20, 2014, to say that she did not have the money to get her medications refilled or complete blood tests. (Tr. 345-47). When she appeared as scheduled on May 30, 2014, plaintiff had not taken lithium for a week and was using her clonazepam sparingly. Nonetheless, she reported that her mood had improved, rating it at 6.5 to 7 on a 10-point scale. Her house was no longer in foreclosure and she was on a payment plan, although her finances remained precarious and she was concerned about making the required payments. She continued to take two naps during the day despite sleeping well at night. However, she was able to walk the dogs and complete more chores. Plaintiff rarely drove. Dr. Krause decided not to resume lithium because of plaintiff's finances. She increased the dosage of plaintiff's Seroquel, which she received through a patient assistance program, and continued the clonazepam. Dr. Krause encouraged her to refrain from daytime napping and to maintain a structured routine during the day. She assessed plaintiff as having increasing sleep issues, but her mood swings, fatigue and anxiety had improved somewhat and she denied any hallucinations at present. On examination, plaintiff was oriented and interactive with a less anxious affect and occasional smiles and laughter. She remained distractible. Her GAF was 58. In addition to schizoaffective disorder, chronic with acute exacerbation, and anxiety disorder, generalized, Dr. Krause diagnosed plaintiff with personality disorder, not otherwise specified.
On July 23, 2014, Dr. Krause admitted plaintiff for inpatient treatment after she reported feeling suicidal. (Tr. 324-37, 342). On intake, plaintiff stated that she was planning to visit her parents' graves and had contemplated taking pills she had stashed. She reported that she had been manic for some time, but had been experiencing worsening depression for 11 days. Lithium had helped, but plaintiff could not afford the required blood tests; indeed, she was selling her belongings to support herself. On examination, plaintiff made eye contact and was cooperative and polite. She was assessed as marginally reliable. Her mood was depressed with a somewhat restricted affect. Her impulse control was intact and no psychotic symptoms were elicited. She had somewhat decreased production of speech, with mildly slowed rhythm and rate of production. She was coherent, with goal-oriented and logical thoughts, without blocking or perseveration. She was grossly oriented, with intact memory, mildly concrete abstraction, and intact comprehension. Her insight and judgment seemed impaired. She was diagnosed with schizoaffective disorder, bipolar type by history, bereavement, and a question of cannabis abuse. She was assessed a GAF score of 35.
On July 28, 2014, Dr. Krause noted that plaintiff reported feeling "significantly better." (Tr. 342-44). She attended her niece's wedding upon leaving the hospital and went to church the following day. Her brother agreed to help her pay for her medications. She was not experiencing any suicidal ideation, hallucinations, or paranoia. She was sleeping a bit better, had stable appetite and weight, and was not feeling oversedated. Dr. Krause noted that plaintiff's mood swings had improved but she still had panic attacks and moderate anxiety. On examination, plaintiff had appropriate dress and grooming. She was oriented and interactive with improved mood, which plaintiff rated at level 7.5 on a 10-point scale. Her affect was less anxious and was brighter with occasional smiles. Her GAF was 58.
On September 4, 2014, plaintiff reported that she was taking her medication as prescribed without any adverse effect. (Tr. 339-41). She had reduced the amount of clonazepam in order to address oversedation but the reduced amount was not sufficient to resolve her anxiety, which was quite severe. She did not have any suicidal ideation or symptoms of psychosis. She continued to be very worried about her housing and finances and was working with Mary on a yard sale to raise money. Dr. Krause decided to leave her medications and dosages unchanged. She assessed plaintiff as having decreased sleep issues and moderate fatigue, with improving depression and improved mood swings. She still had panic attacks. On examination, plaintiff was oriented and interactive, with improved mood rated at 7 on a 10-point scale. She remained distractible. Her GAF was 60.
Plaintiff returned as scheduled on November 6, 2014. (Tr. 388-90). She had mood lability, irritability, and angry outbursts, and was feeling edgy and tense a lot of the time. She also had more crying spells, sadness and depression while sorting her mother's belongings. She had gotten health insurance since her last visit but remained very anxious about her finances. Dr. Krause increased her levothyroxine dosage and her Seroquel dosage to target mood lability and depression more aggressively. Dr. Krause assessed plaintiff with mild fatigue and decreased sleep disturbance, moderate anxiety, worsening depression, occasional paranoia, panic attacks, and distractible attention. Plaintiff did not have hallucinations. On examination, plaintiff was oriented, interactive and cooperative, with irritable, depressed mood and congruent affect. Her GAF was 56. Dr. Krause removed the diagnosis for personality disorder.
On January 21, 2015, plaintiff reported that her depression, appetite, and weight increased over the holidays. (Tr. 384-87). She continued to return to bed during daytime hours, even though she was sleeping through the night. Her transient hallucinations had decreased in frequency and intensity since her last visit. Lab tests showed that her thyroid stimulating hormone was still elevated despite modifications to her medication. Dr. Krause assessed plaintiff with mild fatigue, increased sleep disturbance, moderate anxiety, moderate depressed mood, occasional paranoia, decreased hallucinations, panic attacks, and distractible concentration. On examination, plaintiff was alert, oriented, interactive, and cooperative with normal eye contact and distractible attention. Her GAF score was 58.
In March 2015, plaintiff reported that her mood symptoms appeared to be stabilizing on her regimen of lithium and Seroquel. (Tr. 380-83). She was sleeping better at night and had better energy and was more productive during the day. She had transient visual and auditory hallucinations. She had reduced her smoking to four cigarettes a day. She displayed mild mouth and facial movements and reported transient problems with swallowing, which Dr. Krause thought was caused by the Seroquel. Dr. Krause reduced plaintiff's dosage, although plaintiff was "very resistant" to changing her medications because she thought they were working. Dr. Krause assessed plaintiff with mild fatigue, improving sleep, mild memory loss, moderate anxiety, depressed mood which was improving, occasional paranoia, attention issues, and distractible concentration. On examination, plaintiff was oriented, cooperative and interactive, with a better mood and congruent affect.
In April 2015, plaintiff continued to display involuntary facial and mouth movements and had some difficulty swallowing. (Tr. 376-79). She reported that she was sleeping well and was keeping busy unpacking boxes. She had transient increases in her depression, which she attributed to the Easter holiday. She continued to experience transient hallucinations and paranoia. Dr. Krause told plaintiff that she had to discontinue Seroquel because of the facial movements and impaired swallowing. She proposed starting Latuda to treat mood swings and psychotic symptoms. Although apprehensive about changing her medications, plaintiff agreed to Dr. Krause's plan. Dr. Krause assessed plaintiff with mild fatigue, weight gain, and no sleep disturbance. She had moderate anxiety, a depressed mood that was improving, occasional paranoia, panic attacks, and distractible concentration. On examination, plaintiff had mild facial tics, was alert and oriented, and made normal eye contact. She was interactive and cooperative.
On September 12, 2013, State agency psychologist Barbara Markway, Ph.D., completed
Psychiatric Review Technique forms based on a review of the record. (Tr. 50-59, 60-65). Dr. Markway concluded that plaintiff had medically determinable impairments in the following categories: 12.03 (schizophrenic, paranoid and other psychotic disorders); 12.06 (anxiety-related disorders); and 12.09 (substance addiction disorders). She opined that these impairments could reasonably be expected to cause some of plaintiff's alleged symptoms, but that plaintiff's statements regarding the severity of her symptoms were not credible to the extent that they were inconsistent with the mental residual functional capacity (MRFC) assessment. In completing the MRFC, Dr. Markway opined that plaintiff retained the abilities to understand, remember and carry out simple instructions; maintain adequate attendance and sustain an ordinary routine without special supervision; interact adequately with peers and supervisors in a work setting where social interaction is not a primary job requirement; and adapt to minor changes in a work setting. (Tr. 57). The ALJ gave great weight to Dr. Markway's findings. (Tr. 19).
Dr. Krause completed medical source statements on April 1, 2014.
In December 2014, the ALJ ordered a consultative psychological evaluation, which Thomas J. Spencer, Psy. D., completed on January 22, 2015. (Tr. 367-70). Plaintiff was driven to the appointment by a friend and presented as very anxious with a noticeable full body tremor. Plaintiff reported that she felt anxiety "most of the time" and was fearful and "very restless and antsy when she has to leave home." (Tr. 367-68). She worried about having public panic attacks, with included crying, chest pain, shortness of breath, and a racing heart. She stated that her mind raced with worries about what could go wrong and how she could "screw things up." (Tr. 368). She felt fatigued despite sleeping 11 to 12 hours a day. She was unmotivated and depressed most of the time, increasingly so at Christmas. She was not suicidal at present. She sometimes heard derogatory voices suggesting she commit suicide; she also heard her mother's voice, which was supportive. She had last heard voices a week before the evaluation. When she was out in public, she felt as though she was being watched and talked about or judged. She did not fear that someone would try to hurt her. She stated that during manic episodes she felt elated and cleaned compulsively, became hypertalkative with pressured speech, and needed less sleep. During these episodes, she also spent money impulsively, but had never bounced checks or filed for bankruptcy, nor did she drink, use drugs, gamble, or engage in promiscuity. Her low periods lasted longer than her high periods.
On examination, plaintiff made intermittent eye contact, her speech wavered, and she displayed a full body tremor and was "very antsy." (Tr. 369). She was cooperative and appeared to be a decent historian. Her insight and judgment appeared to be intact. She was anxious, alert and oriented, and did not appear to be responding to internal stimuli. She did not present as grandiose or paranoid and her flow of thought was intact and relevant. She appeared to be of average intelligence and demonstrated a good working knowledge of social norms. There was no evidence of deficits in long-term memory or language. Dr. Spencer diagnosed plaintiff with schizoaffective disorder and generalized anxiety disorder and assigned a GAF score of 50-55.
Dr. Spencer completed a medical source statement. (Tr. 371-73). He found that plaintiff's mental impairments caused mild limitations in her abilities to understand, remember and carry out simple instructions. He also found that her impairments caused marked limitations in her abilities to interact appropriately with supervisors, coworkers, and the public; and to respond appropriately to usual work situations and changes in a routine work setting. In addition, she had poor compliance with the activities of daily living. Finally, he opined that she could not manage benefits in her own best interest. The ALJ gave partial weight to Dr. Spencer's opinion that plaintiff could perform simple tasks, but gave little weight to his opinion that plaintiff had marked limitations in social functioning. In support, he cited her GAF scores; her good working knowledge of social norms; and her abilities to maintain friendships, attend church, handle her mother's estate, and shop. (Tr. 19). The ALJ did not address Dr. Spencer's conclusion that plaintiff had marked limitations in her ability to respond appropriately in work settings or to changes in a routine work setting.
To be eligible for disability benefits, plaintiff must prove that she is disabled under the Act.
The Commissioner has established a five-step process for determining whether a person is disabled.
The Court's role on judicial review is to determine whether the ALJ's finding are supported by substantial evidence in the record as a whole.
The Eighth Circuit has repeatedly emphasized that a district court's review of an ALJ's disability determination is intended to be narrow and that courts should "defer heavily to the findings and conclusions of the Social Security Administration."
The ALJ's decision in this matter conforms to the five-step process outlined above. The ALJ found that plaintiff had not engaged in substantial gainful activity since August 30, 2004, the alleged date of onset.
The ALJ next determined that plaintiff had the RFC to:
(Tr. 16).
In assessing plaintiff's RFC, the ALJ summarized the medical record, as well as plaintiff's own statements regarding her abilities, conditions, and activities of daily living. He did not address the third-party function report completed by Mary White. While the ALJ found that plaintiff's medically determinable impairments could reasonably be expected to cause the alleged symptoms, he also determined that her statements regarding their intensity, persistence and limiting effect were "not entirely credible." (Tr. 19). In reaching this conclusion, the ALJ gave little weight to the assessments of Drs. Krause and Spencer that plaintiff had "marked" or "extreme limitations."
At step four, the ALJ concluded that plaintiff could not return to her past relevant work. (Tr. 20). Her age placed her in the "younger individual" category on the alleged onset date and the "closely approaching advanced age" at the time of the decision. She had a high school education and was able to communicate in English.
Plaintiff asserts two challenges to the ALJ's decision. First, she argues that the ALJ's RFC formulation varies significantly from the hypothetical posed to the vocational expert. As a result, the expert's testimony does not provide evidence that jobs exist in the economy for an individual with the RFC as formulated. Second, she argues that the ALJ erred by failing to address the limitations Dr. Spencer found with respect to her ability to respond appropriately to the usual work situations and to changes in a routine work setting. The Court agrees that the ALJ improperly assessed Dr. Spencer's opinion and will remand this matter for further proceedings. On remand, the ALJ will have an opportunity to reformulate the RFC and thus it is not necessary to take up plaintiff's challenge to the RFC.
In order to address the ALJ's analysis of Dr. Spencer's opinion, the Court has found it necessary to also address the ALJ's consideration of the opinions of Drs. Krause and Markway. As noted above, the ALJ gave "little weight" to the opinion of Dr. Krause in its entirety and that of Dr. Spencer to the extent that he found that plaintiff had marked limitations in social functioning; the ALJ gave great weight to the opinion of Dr. Markway, a non-examining evaluator. (Tr. 19).
Dr. Krause is a treating physician whose opinion must be given "controlling weight" if it "is well-supported by medically acceptable clinical and laboratory diagnostic techniques and is not inconsistent with the other substantial evidence."
Here, the ALJ determined that Dr. Krause's opinion was inconsistent with her own treatment records "that consistently show GAF scores that reflect `moderate' limitations." (Tr. 19). The Eighth Circuit has determined that GAF scores are of little value.
The ALJ also rejected Dr. Krause's opinion as inconsistent with plaintiff's activities of daily living, "including handling her mother's estate, moving, and doing the majority of the housework." (Tr. 19). In evaluating a claimant's RFC, "consideration should be given to . . . the quality of daily activities . . . and the ability to sustain activities, interests, and relate to others over a period of time and . . . the frequency, appropriateness, and independence of the activities must also be considered.
The primary medical evidence that directly contradicted Dr. Krause's opinion is that of Dr. Markway, the State non-examining psychologist, who opined that plaintiff had nondisabling limitations and to whose opinion the ALJ gave great weight. "Normally, the opinions of nontreating practitioners who have attempted to evaluate the claimant without examination do not constitute substantial evidence on the record as a whole."
The ALJ did not properly evaluate the weight to give the opinions of Drs. Krause, Spencer, and Markway, and this matter must be remanded for further proceedings. In reevaluating these opinions, the ALJ must either give Dr. Krause's opinion controlling weight as the opinion of a treating source or provide an acceptable reason under 20 C.F.R. § 404.1527(c) for giving it less weight.
Accordingly,
A separate Judgment shall accompany this Memorandum and Order.