PAMELA MEADE SARGENT, Magistrate Judge.
Plaintiff, Henry Edward Jewell, ("Jewell"), filed this action challenging the final decision of the Commissioner of Social Security, ("Commissioner"), denying his claims for disability insurance benefits, ("DIB"), and supplemental security income, ("SSI"), under the Social Security Act, as amended, ("Act"), 42 U.S.C.A. §§ 423 and 1381 et seq. (West 2011, West 2012 & Supp. 2019). Jurisdiction of this court is pursuant to 42 U.S.C. §§ 405(g) and 1383(c)(3). This case is before the undersigned magistrate judge upon transfer by consent of the parties pursuant to 28 U.S.C. § 636(c)(1). Neither party has requested oral argument; therefore, this case is ripe for decision.
The court's review in this case is limited to determining if the factual findings of the Commissioner are supported by substantial evidence and were reached through application of the correct legal standards. See Coffman v. Bowen, 829 F.2d 514, 517 (4th Cir. 1987). Substantial evidence has been defined as "evidence which a reasoning mind would accept as sufficient to support a particular conclusion. It consists of more than a mere scintilla of evidence but may be somewhat less than a preponderance." Laws v. Celebrezze, 368 F.2d 640, 642 (4th Cir. 1966). `"If there is evidence to justify a refusal to direct a verdict were the case before a jury, then there is "`substantial evidence.'"" Hays v. Sullivan, 907 F.2d 1453, 1456 (4th Cir. 1990) (quoting Laws, 368 F.2d at 642).
The record shows that Jewell protectively filed his applications for DIB and SSI on November 19, 2012, alleging disability as of December 1, 2011, based on post-traumatic stress disorder, ("PTSD"); short- and long-term memory loss; body aches and pains; high blood pressure; depression; and obsessive compulsive disorder, ("OCD"). (Record, ("R."), at 141, 367-71, 374-75, 412, 416, 443.) The claims were denied initially and upon reconsideration. (R. at 257-59, 263-70.) Jewell then requested a hearing before an administrative law judge, ("ALJ"). (R. at 271-73.) The ALJ held a hearing on June 15, 2016, at which Jewell was represented by counsel.
By decision dated August 2, 2016, the ALJ denied Jewell's claims. (R. at 141-54.) The ALJ found that Jewell met the nondisability insured status requirements of the Act for DIB purposes through December 31, 2014. (R. at 143.) The ALJ found that Jewell had not engaged in substantial gainful activity since December 1, 2011, the alleged onset date.
After the ALJ issued her decision, Jewell pursued his administrative appeals, (R. at 37), but the Appeals Council denied his request for review. (R. at 17-22.) By letter dated June 15, 2017, Jewell requested that the Appeals Council reopen his SSI claim for review, (R. at 7-14), but the Appeals Council denied his request. (R. at 4-5.) Jewell then filed this action seeking review of the ALJ's unfavorable decision, which now stands as the Commissioner's final decision. See 20 C.F.R. §§ 404.981, 416.1481 (2019). This case is before this court on Jewell's motion for summary judgment filed August 26, 2019, and the Commissioner's motion for summary judgment filed September 25, 2019.
Jewell was born in 1967, (R. at 367, 374), which, at the time of the ALJ's decision, classified him as a "younger person" under 20 C.F.R. §§ 404.1563(c), 416.963(c). He has two years of college education and specialized job training as an occupational therapy assistant. (R. at 417.) Jewell has past work experience as a lawncare worker and an occupational therapy assistant. (R. at 195, 418.) Jewell testified that he received mental health treatment and counseling through the U.S. Department of Veterans Affairs, ("VA"), for depression, anxiety and OCD. (R. at 185.) Jewell testified that he had experienced depression since suffering a traumatic brain injury sustained in an automobile accident.
The Commissioner uses a five-step process in evaluating DIB and SSI claims. See 20 C.F.R. §§ 404.1520, 416.920 (2019). See also Heckler v. Campbell, 461 U.S. 458, 460-62 (1983); Hall v. Harris, 658 F.2d 260, 264-65 (4th Cir. 1981). This process requires the Commissioner to consider, in order, whether a claimant 1) is working; 2) has a severe impairment; 3) has an impairment that meets or equals the requirements of a listed impairment; 4) can return to his past relevant work; and 5) if not, whether he can perform other work. See 20 C.F.R. §§ 404.1520, 416.920. If the Commissioner finds conclusively that a claimant is or is not disabled at any point in this process, review does not proceed to the next step. See 20 C.F.R. §§ 404.1520(a)(4), 416.920(a)(4) (2019).
Under this analysis, a claimant has the initial burden of showing that he is unable to return to his past relevant work because of his impairments. Once the claimant establishes a prima facie case of disability, the burden shifts to the Commissioner. To satisfy this burden, the Commissioner must then establish that the claimant has the residual functional capacity, considering the claimant's age, education, work experience and impairments, to perform alternative jobs that exist in the national economy. See 42 U.S.C.A. §§ 423(d)(2)(A), 1382c(a)(3)(A)-(B) (West 2011, West 2012 & Supp. 2019); McLain v. Schweiker, 715 F.2d 866, 868-69 (4th Cir. 1983); Hall, 658 F.2d at 264-65; Wilson v. Califano, 617 F.2d 1050, 1053 (4th Cir. 1980).
As stated above, the court's function in this case is limited to determining whether substantial evidence exists in the record to support the ALJ's findings. This court must not weigh the evidence, as this court lacks authority to substitute its judgment for that of the Commissioner, provided his decision is supported by substantial evidence. See Hays, 907 F.2d at 1456. In determining whether substantial evidence supports the Commissioner's decision, the court also must consider whether the ALJ analyzed all the relevant evidence and whether the ALJ sufficiently explained her findings and her rationale in crediting evidence. See Sterling Smokeless Coal Co. v. Akers, 131 F.3d 438, 439-40 (4th Cir. 1997).
Jewell argues that the ALJ erred by improperly determining his residual functional capacity. (Plaintiff's Brief In Support Of His Motion For Summary Judgment, ("Plaintiff's Brief"), at 8-47.) In particular, Jewell argues that a subsequent determination awarding him benefits constitutes new evidence.
In rendering her decision, the ALJ reviewed medical records from Dayna Haynes, Psy.D., a clinical psychologist; Twin County Physician Practices, ("Twin County"); James H. Quillen VA Medical Center, ("VA"); Louis Perrott, Ph.D., a state agency psychologist; and Alan D. Entin, Ph.D., a state agency psychologist. Jewell also submitted medical records from Haynes, the VA and Twin County, as well as a statement from Jewell's mother to the Appeals Council.
The record shows that Jewell received mental health treatment at the VA from December 2011 through March 2016, following his father's suicide
Jewell was voluntarily admitted for inpatient mental health treatment from October 9, 2012, through October 17, 2012, for depression with suicidal ideation. (R. at 563-67.) His GAF score was assessed at 35
On June 25, 2013, Louis Perrott, Ph.D., a state agency psychologist, completed a Psychiatric Review Technique form, ("PRTF"), indicating that Jewell had severe affective disorders and anxiety-related disorders. (R. at 205-06.) He found that Jewell had mild restrictions on his activities of daily living; moderate difficulties in maintaining social functioning and in maintaining concentration, persistence or pace; and he had experienced one or two repeated episodes of extended-duration decompensation. (R. at 205.)
That same day, Perrott completed a mental assessment, indicating that Jewell had moderate limitations in his ability to understand, remember and carry out detailed instructions; to maintain attention and concentration for extended periods; to perform activities within a schedule, maintain regular attendance and be punctual within customary tolerances; to work in coordination with or in proximity to others without being distracted by them; to complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods; to interact appropriately with the general public; and to get along with co-workers or peers without distracting them or exhibiting behavioral extremes. (R. at 209-10.) Perrott stated that Jewell's work-related mental abilities were, otherwise, not significantly limited. (R. at 209-10.)
On April 7, 2014, Alan D. Entin, Ph.D., a state agency psychologist, completed a PRTF, indicating that Jewell had severe affective disorders and anxiety-related disorders. (R. at 233-34.) He found that Jewell had mild restrictions on his activities of daily living; moderate difficulties in maintaining social functioning and in maintaining concentration, persistence or pace; and he had experienced one or two repeated episodes of extended-duration decompensation. (R. at 234.)
That same day, Entin completed a mental assessment, indicating that Jewell had moderate limitations in his ability to understand, remember and carry out detailed instructions; to maintain attention and concentration for extended periods; to perform activities within a schedule, maintain regular attendance and be punctual within customary tolerances; to work in coordination with or in proximity to others without being distracted by them; to complete a normal workday and workweek without interruptions from psychologically based symptoms and to perform at a consistent pace without an unreasonable number and length of rest periods; to interact appropriately with the general public; to get along with co-workers or peers without distracting them or exhibiting behavioral extremes; and to travel in unfamiliar places or use public transportation. (R. at 237-39.) Entin stated that Jewell's work-related mental abilities were, otherwise, not significantly limited. (R. at 237-39.)
Jewell was voluntarily admitted for inpatient mental health treatment from August 8, 2015, through August 13, 2015, for depression with suicidal ideation. (R. at 1660-71.) Jewell reported ongoing guilt over his father's death. (R. at 1661.) Jewell reported worsening depression, worsening OCD and auditory and visual hallucinations. (R. at 1661.) His symptoms of depression improved, and he denied thoughts of suicide. (R. at 1661.) Upon discharge, Jewell was diagnosed with major depressive disorder, recurrent, severe, without psychotic features and OCD. (R. at 1668.)
Jewell again sought inpatient treatment from November 4, 2015, through November 9, 2015, after expressing suicidal thoughts. (R. at 1371-78.) Jewell endorsed "off and on suicidal thoughts" since the death of his father in 2011. (R. at 1371.) His medications were changed, and his anxiety improved. (R. at 1371.) Upon discharge, Jewell was diagnosed with severe major depression, without psychotic features; OCD; and akathisia. (R. at 1375.) On March 4, 2016, Jewell reported that his depression "is still pretty strong." (R. at 1759.) He reported that his anxiety had worsened, and he felt restless. (R. at 1759.) Jewell also reported visual and auditory hallucinations. (R. at 1760.) He was diagnosed with severe major depression without psychotic features and OCD. (R. at 1761.)
On June 10, 2016, Dayna Haynes, Psy.D., a clinical psychologist with the VA, saw Jewell for an individual psychotherapy session.
That same day, Haynes completed a statement, assessing Jewell's then-current GAF score at 55, with his highest GAF score being 55 within the past year. (R. at 2651-56.) Haynes opined that Jewell had a satisfactory ability to understand, remember and carry out short, simple instructions; to make simple work-related decisions; and to be aware of normal hazards and take appropriate precautions. (R. at 2653-55.) She found that Jewell had a seriously limited ability to remember locations and work-like procedures; to understand, remember and carry out detailed instructions; to ask simple questions or request assistance; and to accept instructions and respond appropriately to criticism from supervisors. (R. at 2653-54.) Haynes opined that Jewell had no useful ability to maintain attention and concentration for extended periods; to maintain regular attendance and skilled work; to sustain an ordinary routine without special supervision; to deal with stress of semi-skilled and skilled work; to work in coordination with or proximity to others without being unduly distracted; to complete a normal workday without interruptions from psychologically based symptoms; to perform at a consistent pace without an unreasonable number and length of rest periods; to interact appropriately with the public; to get along with co-workers and peers without unduly distracting them or exhibiting behavior extremes; to maintain socially appropriate behavior; to adhere to basic standards of neatness and cleanliness; to respond appropriately to changes in a routine work setting; to travel in unfamiliar places; to use public transportation; and to set realistic goals or make plans independently of others. (R. at 2653-55.)
Haynes found that Jewell had extreme limitations on his activities of daily living and in maintaining social functioning, and he had constant deficiencies of concentration, persistence or pace resulting in failure to complete tasks in a timely manner and with episodes of deterioration or decompensation in work or work-like settings, which cause the individual to withdrawal from that situation or to experience exacerbation of signs and symptoms. (R. at 2655.) Haynes noted that these restrictions existed and persisted since she began treating Jewell on December 9, 2014. (R. at 2655.)
I start my analysis with Jewell's argument that a subsequent determination awarding him benefits constitutes new evidence. (Plaintiff's Brief at 8-9.) Jewell asserts that his subsequent award of benefits constitutes new and material evidence warranting a remand of the decision finding him not disabled on August 2, 2016. (Plaintiff's Brief at 8-9.) While Jewell pursued an appeal of the ALJ's decision to the Appeals Council, he protectively filed a new claim for benefits on August 22, 2016,
Jewell argues that the finding of disabled on his subsequent application constitutes "new" and "material" evidence that would justify a remand to the Commissioner for further determination under sentence six of 42 U.S.C. § 405(g). In support of the argument, Jewell cites Hayes v. Astrue, 488 F.Supp.2d 560, 565 (W.D. Va. 2007), which relies on the common-sense inference that disability usually does not occur overnight and, consequently, a subsequent finding of disabled just after the initial finding of not disabled may cast doubt on the initial determination. The reasoning of Hayes, however, does not withstand closer scrutiny, most importantly because it is unsupported by the statutory test, as persuasively explained in Allen v. Comm'r of Soc. Sec., 561 F.3d 646, 654 (6th Cir. 2009).
In Allen, the Sixth Circuit held that remanding the case simply upon a subsequent finding of disabled is an incorrect application of sentence six,
Allen, 561 F.3d at 653.
Based on this, I do not find it appropriate to remand Jewell's claims simply on the basis that he was awarded benefits on a subsequent application. However, I do find that a sentence six remand is appropriate based on Jewell's subsequent favorable decision being supported by new and material evidence that might change the outcome of the ALJ's August 2, 2016, decision. Sentence six allows a court to remand for the consideration of additional evidence if it is new and material, good cause exists for its late submission, and the claimant must "present to the remanding court at least a general showing of the nature of the new evidence." Owens v. Astrue, 2010 WL 3743647, at *4 (citing Borders v. Heckler, 777 F.2d 954, 955 (4th Cir. 1985)). A court's authority under sentence six is limited to remanding the case for "additional evidence to be taken," Wooding v. Comm'r of Soc. Sec., 2010 WL 4261268, at *2 (W.D. Va. Oct. 29, 2010), and it may not "rul[e] as to the correctness of the administrative determination." Riley v. Apfel, 88 F.Supp.2d 572, 576 (W.D. Va. 2000) (citation omitted).
Jewell submitted documentation containing the findings of fact and analysis of evidence in determining his subsequent favorable decision. (Attachment to Plaintiff's Brief.) This evidence shows that Jewell saw a clinical psychologist on March 9, 2017, for complaints of social isolation, OCD behaviors and continued guilt pertaining to his father's suicide. In addition, the evidence reveals that treatment notes through December 2017 indicate that Jewell continued to exhibit symptoms of depression and anxiety related to his father's suicide. (Attachment to Plaintiff's Brief.)
On February 22, 2018, Howard S. Leizer, Ph.D., a state agency psychologist, found that Jewell had severe depressive, bipolar and related disorders; anxiety and obsessive-compulsive disorders; and trauma and stressor-related disorders. He found that Jewell had mild restrictions in understanding, remembering or applying information; marked difficulties in interacting with others and in maintaining concentration, persistence or pace; and moderate difficulties in adapting or managing oneself. In addition, Leizer completed a mental assessment, indicating that Jewell was moderately to markedly limited in his ability to perform sustained work activities based on his psychological and OCD symptoms. Furthermore, it was noted that Haynes's June 10, 2015,
Based on this, I find that Jewell has met his burden of showing that evidence relied upon in reaching the subsequent favorable decision is new and material as it pertains to the period under consideration in this appeal. Therefore, I will remand this case pursuant to sentence six. An appropriate Order and Judgment will be entered.