In this report and recommendation by a US Magistrate Judge,
the court concluded that because of the Administrative Law Judge’s errors, the
unfavorable hearing decision should be reversed and the claimant should be paid
benefits.
The court, quoting Social Security Ruling 96-6p, found that
the ALJ had not properly evaluated the conclusions of a Social Security consultative
psychologist (Dr. Buxton). The ruling states that an ALJ “must consider and evaluate any
assessment of the individual’s [residual functional capacity] by a State agency
medical or psychological consultant and by other program physicians or
psychologists.” The court emphasized that: “This requirement is mandatory. The
ALJ did not do so with regard to Dr. Buxton's opinion.”
The court further stated that the ALJ failed to mention the
claimant’s more current records. The
court noted: “It is clear that the ALJ
must consider all the record evidence and cannot ‘pick and choose’ only the
evidence that supports his position. [Citation omitted.]”
Dr. Buxton “determined that other than for relatively brief intervals of
time, she might well not perform in a reliable and dependable fashion as an
employee secondary to the negative impact from her Schizoaffective Disorder and
pain complaints on her functional capabilities as well as the possibility of
any breakthrough seizures.”
“Dr. Buxton further found that with the accumulation of
frustration and stress claimant would encounter in the job setting, she might
well have exacerbation in the epileptiform seizures. Additionally, he
determined that with the accumulation of frustration and stress, one might also
see some exacerbation in her Schizoaffective Disorder, an increase in her pain
complaints, and a tendency to act or behave in a fashion that might work to her
own demise.”
Foreman v. Commissioner of Social Security, Civil Action No. 12-2833 (D. W.D. Louisiana, Lafayette Div., Jan. 30, 2014.
http://scholar.google.com/scholar_case?case=15802539031846521298&q=social+security&hl=en&as_sdt=40000003&as_ylo=2014
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