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Epps v. Colvin

United States District Court, W.D. Pennsylvania

February 28, 2014

DESSA I. EPPS, Plaintiff,


DONETTA W. AMBROSE, Senior District Judge.


In this action, Plaintiff filed for disability benefits pursuant to Title XVI of the Social Security Act, claiming disability due to mental and physical impairments. Plaintiff had previously received an unfavorable decision on July 20, 2010. The time period pertinent to the decision presently under appeal ran from February 23, 2011, the application date, through the time of the ALJ's decision. Plaintiff's claims were denied initially, and upon hearing. The Appeals Counsel denied Plaintiff's Request for Review. Before the Court are the Plaintiff's Motion for Judgment on the Pleadings, and Defendant's Motion for Summary Judgment. For the following reasons, Plaintiff's Motion will be granted, and Defendant's denied.



Judicial review of the Commissioner's final decisions on disability claims is provided by statute. 42 U.S.C. §§ 405(g) 6 and 1383(c)(3) 7. Section 405(g) permits a district court to review the transcripts and records upon which a determination of the Commissioner is based, and the court will review the record as a whole. See 5 U.S.C. §706. When reviewing a decision, the district court's role is limited to determining whether the record contains substantial evidence to support an ALJ's findings of fact. Burns v. Barnhart , 312 F.3d 113, 118 (3d Cir. 2002). Substantial evidence is defined as "such relevant evidence as a reasonable mind might accept as adequate" to support a conclusion. Ventura v. Shalala , 55 F.3d 900, 901 (3d Cir. 1995) (quoting Richardson v. Perales , 402 U.S. 389, 401, 91 S.Ct. 1420, 28 L.Ed.2d 842 (1971)). If the ALJ's findings of fact are supported by substantial evidence, they are conclusive. 42 U.S.C. § 405(g); Richardson , 402 U.S. at 390.

A district court cannot conduct a de novo review of the Commissioner's decision, or re-weigh the evidence of record; the court can only judge the propriety of the decision with reference to the grounds invoked by the Commissioner when the decision was rendered. Palmer v. Apfel , 995 F.Supp. 549, 552 (E.D. Pa. 1998); S.E.C. v. Chenery Corp. , 332 U.S. 194, 196-97, 67 S.Ct. 1575, 91 L.Ed. 1995 (1947).



To summarize Plaintiff's first challenge, she objects to the ALJ's reliance on GAF scores, rather than treatment notes. I note, initially, that it was not improper to consider GAF scores. Such scores "are medical evidence that informs a Commissioner's judgment in assessing whether an individual is disabled." Frey v. Colvin, No. 12-222, 2014 U.S. Dist. LEXIS 11022, at *10 (W.D. Pa. Jan. 29. 2014).

While it was not error to rely on the GAF scores, and the ALJ did not solely rely on those scores, I am concerned about the ALJ's failure to reference other records and notes from treating mental health sources. In particular, there are unreferenced notes from Chestnut Ridge Counseling Services that span parts of 2010 and 2011 and include the time period pertinent here. For example, the ALJ noted that despite a GAF of 50 in April, 2011, which indicates serious symptoms, Plaintiff self-rated her depression as 2 out of 10 that month. The ALJ deemed the self-rating "inconsistent with serious symptoms." Yet, the ALJ did not note that Plaintiff had rated her depression a 4 or 5 out of ten two weeks previously, or rated her depression a 10 out of 10 in July, 2011, when she was assigned a moderate GAF of 60.

While the ALJ need not discuss every piece of evidence in the record, he must provide at least a glimpse into his reasoning. Zurawski v. Halter , 245 F.3d 881, 889 (7th Cir. 2001). "Since it is apparent that the ALJ cannot reject evidence for no reason or the wrong reason, an explanation from the ALJ of the reason why probative evidence has been rejected is required so that a reviewing court can determine whether the reasons for rejection were improper." Cotter v. Harris , 642 F.2d 700, 706-07 (3d Cir. 1981).

It is unclear whether the ALJ considered these probative treatment notes and discredited them, or failed to consider them at all. In light of the well-established principle that the opinions of treating sources are ordinarily entitled to great weight, this is troubling. Likewise, due to this omission, it is unclear whether the ALJ thoroughly considered Plaintiff's longitudinal history. Such history is important in the mental health context, as symptoms may wax and wane over time. See Jaleh Kaveh Ahangari v. Astrue, No. 7-1869, 2008 U.S. Dist. LEXIS 68018, at *812-13 (D. Colo. Sept. 8, ...

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