Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Green v. Berryhill

United States District Court, N.D. Indiana, Hammond Division

September 26, 2017

COREY TREUNAS GREEN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of Social Security, [1] Defendant.

          OPINION AND ORDER

          Andrew P. Rodovich United States Magistrate Judge

         This matter is before the court on petition for judicial review of the decision of the Commissioner filed by the plaintiff, Corey Treunas Green, on April 14, 2016. For the following reasons, the decision of the Commissioner is AFFIRMED.

         Background

         The plaintiff, Corey Treunas Green, filed an application for Supplemental Security Income on November 19, 2014, alleging a disability onset date of November 23, 2013. (Tr. 14). The Disability Determination Bureau denied Green's application on January 27, 2015, and again upon reconsideration on March 10, 2015. (Tr. 14). Green subsequently filed a timely request for a hearing on March 16, 2015. (Tr. 14). A video hearing was held on October 16, 2015, before Administrative Law Judge (ALJ) William E. Sampson, and the ALJ issued an unfavorable decision on January 21, 2016. (Tr. 14-26). Vocational Expert (VE) Sarah Gibson, Medical Expert (ME) Charles D. Auvenshine, and Green testified at the hearing. (Tr. 14). The Appeals Council denied review, making the ALJ's decision the final decision of the Commissioner. (Tr. 1-4).

         At step one of the five step sequential analysis for determining whether an individual is disabled, the ALJ found that Green had not engaged in substantial gainful activity since November 19, 2014, the application date. (Tr. 16). At step two, the ALJ determined that Green had the following severe impairments: schizoaffective disorder, depressive disorder, learning disability, NOS, and history of substance abuse disorder in partial remission. (Tr. 16). At step three, the ALJ concluded that Green did not have an impairment or combination of impairments that met or medically equaled the severity of one of the listed impairments. (Tr. 16). Specifically, the ALJ determined that Green did not meet Listing 12.05 C, Intellectual Disability, because there was no evidence in the record to support that the onset of Green's impairment began before the age of 22, as required. (Tr. 17).

         The ALJ found that Green's mental impairments did not meet or medically equal listings 12.02, 12.03, and 12.04. (Tr. 17). In finding that Green did not meet the above listings, the ALJ considered the paragraph B criteria for mental impairments, which required at least two of the following:

marked restriction of activities of daily living; marked difficulties in maintaining social functioning; marked difficulties in maintaining concentration, persistence, or pace; or repeated episodes of decompensation, each of extended duration.

(Tr. 17). The ALJ defined a marked limitation as more than moderate but less than extreme and repeated episodes of decompensation, each of extended duration, as three episodes within one year or once every four months with each episode lasting at least two weeks. (Tr. 17).

         The ALJ determined that Green had mild restrictions in activities of daily living. (Tr. 17). Green testified that he lived with his mother, sister, and his sister's infant daughter. (Tr. 17). He indicated that he wore the same clothes daily and that he fed himself every other day. (Tr. 17). However, Green reported that he could prepare sandwiches and simple meals for himself. (Tr. 17). Green's mother contradicted his report that he could not perform household chores. (Tr. 17). She indicated that Green would start household chores but that he was unable to finish the tasks. (Tr. 17). Also, she reported that Green would leave the house two to three times a week. (Tr. 17). Green reported that his interests included talking to himself, while his mother indicated that he could watch television all day. (Tr. 17). Green also testified that he read headlines on Facebook and that he used Twitter. (Tr. 17).

         The ALJ found that Green had mild difficulties in social functioning. (Tr. 18). Green reported that he stayed home daily. (Tr. 18). However, the ALJ noted that Green's self-report and his mother's report indicated that he went outside the home at least two to three times a week. (Tr. 18). Green reported that he felt like people were trying to harm him when he was around them and that he did not have any social skills. (Tr. 18). However, Green testified that he had worked as a part-time cashier at Dollar General and as a package handler for FedEx. (Tr. 18). Further, Green reported at the psychological consultative examination that he drank and smoked with friends during the day and that he would return home the next day or a few days later. (Tr. 18).

         The ALJ concluded that Green had moderate difficulties in concentration, persistence, or pace. (Tr. 18). Green reported that he could not comprehend most things, which he indicated affected his ability to talk, hear, see, understand, follow instructions, complete tasks, concentrate, and remember things. (Tr. 18). However, the ALJ indicated that Green had obtained a GED. (Tr. 18). Further, the ALJ indicated that Green had participated in psychiatric treatment in November of 2014. (Tr. 18). Also, Green was able to pay attention to work-related tasks while employed at Dollar General and FedEx. (Tr. 18). The ALJ indicated that Green was attentive during the hearing and that he responded to questions without a need for redirection. (Tr. 18).

         The ALJ found that Green had not experienced any extended episodes of decompensation. (Tr. 18). Because Green did not have two marked limitations or one marked limitation and repeated episodes of decompensation, the ALJ determined that Green did not satisfy the paragraph B criteria. (Tr. 18). Additionally, the ALJ found that Green did not satisfy the paragraph C criteria. (Tr. 18).

         The ALJ then assessed Green's residual functional capacity (RFC) as follows:

the claimant has the residual functional capacity to perform a full range of work at all exertional levels but with the following nonexertional limitations the claimant is limited to simple, routine, repetitive tasks; he can have occasional interaction with coworkers, and supervisors, but no interaction with the public; he can have no production pace work.

(Tr. 19). The ALJ explained that in considering Green's symptoms he followed a two-step process. (Tr. 19). First, he determined whether there was an underlying medically determinable physical or mental impairment that was shown by a medically acceptable clinical or laboratory diagnostic technique that reasonably could be expected to produce Green's pain or other symptoms. (Tr. 19). Then, he evaluated the intensity, persistence, and limiting effects of the symptoms to determine the extent to which they limited Green's functioning. (Tr. 20).

         Green has alleged symptoms that are consistent with schizoaffective disorder, depressive disorder, learning disability, NOS, and history of a substance abuse disorder in partial remission. (Tr. 20). He reported that he heard voices every day and that the voices told him to harm himself and others. (Tr. 20). Green also reported that he was depressed to the point that he was unable to do anything during the day. (Tr. 20). He indicated that he was unable to perform household chores or personal care activities without the assistance of his mother and his sister. (Tr. 20). The ALJ found that Green's ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.