Newson v. Saul

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF MISSISSIPPI OXFORD DIVISION

APRIL NICOLE NEWSON PLAINTIFF V. NO. 3:19cv282-JMV ANDREW SAUL, Commissioner of Social Security DEFENDANT

FINAL JUDGMENT This cause is before the Court on Plaintiff’s complaint for judicial review of an unfavorable final decision of the Commissioner of the Social Security Administration denying claims for a period of disability and disability insurance benefits and supplemental security income benefits. The parties have consented to entry of final judgment by the United States Magistrate Judge under the provisions of 28 U.S.C. § 636(c), with any appeal to the Court of Appeals for the Fifth Circuit. The Court, having reviewed the administrative record, the briefs of the parties, and the applicable law, and having heard oral argument, finds as follows: Consistent with the Court’s oral ruling during a hearing held October 5, 2020, the Court is unable to find the ALJ’s residual functional capacity determination with respect to the claimant’s mental limitations is supported by substantial evidence in the record.

Specifically, as concerns the medical source statement (“MSS”) of the claimant’s treating psychiatrist, the ALJ wrote, “Dr. Leal’s opinion is not supported by objective or treatment evidence and is inconsistent with the diagnosis of mild major depressive disorder.” This statement by the ALJ indicates the ALJ failed to appreciate that Dr. Leal’s MSS specifically characterized the claimant’s diagnosis as “Major Depressive Disorder, severe, recurrent, with anxious distress, suicidality, inpatient hospitalizations” as opposed to merely a mild major depressive disorder. Moreover, the claimant received a diagnosis of “bipolar I disorder, current episode depressed, with psychotic features” following a suicide attempt in late February 20181; Dr. Jorge Leal’s records reflected the new diagnosis of bipolar disorder after the claimant’s suicide attempt2; there are repeated references in mental health records that the claimant was suicidal; and Karen Garey opined on March 6, 2019—7 days after the ALJ’s decision—that the claimant’s symptoms, including but not limited to daily depressed mood, suicidal ideation, insomnia, and psychomotor retardation, met the “criteria for Major Depressive Disorder, severe, recurrent episodes.”3 This evidence appears to support and is consistent with Dr. Leal’s opinion regarding the claimant’s mental limitations.

On remand, the ALJ must reconsider Dr. Leal’s opinion and consider all the medical evidence in the record pertinent to the claimant’s mental impairments and issue a new decision. The ALJ must enlist the assistance of a medical consultant, who must be provided with all the claimant’s medical records and who must submit a mental RFC assessment, function-by-function. If necessary, the ALJ must also obtain supplemental vocational expert

IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED and REMANDED for further proceedings.

This, the 7th day of October, 2020.

/s/ Jane M. Virden U.S. MAGISTRATE JUDGE