United States District Court, S.D. Ohio, Eastern Division
Patty S. Seymour, Plaintiff,
Commissioner of Social Security, Defendant.
ALGENON L. MARBLEY, JUDGE
REPORT AND RECOMMENDATION
Terence P. Kem, p United States Magistrate Judge
Patty S. Seymour, filed this action seeking review of a
decision of the Commissioner of Social Security denying her
application for supplemental security income. That
application was filed on December 20, 2012, and alleged that
Plaintiff became disabled that day.
initial administrative denials of her claim, Plaintiff was
given a hearing before an Administrative Law Judge on January
6, 2015. In a decision dated February 8, 2015, the ALJ denied
benefits. That became the Commissioner's final decision
on May 31, 2016, when the Appeals Council denied review.
Plaintiff filed this case, the Commissioner filed the
administrative record on October 4, 2016. Plaintiff filed a
statement of errors on January 30, 2017, to which the
Commissioner responded on May 15, 2017. Plaintiff did not
file a reply brief, and the case is now ready to decide.
Plaintiff's Testimony at the Administrative
who was 54 years old as of the date of the hearing and who
has a high school education but who was also in special
classes, testified as follows. Her testimony appears at pages
51-66 of the administrative record.
was first asked about her living situation. She resided by
herself in Section 8 housing in Chillicothe. She had a friend
who would take her places, as would her son. She did not
cook, but family members brought her food. She testified
about her high school education, noting that she was in
separate classes and never learned to read. She never worked
full-time but did work in order to get financial assistance
from the State. She did light cleaning at a Legal Aid office.
said that she could not work because she was afraid to be out
in the community. She had been abused as a child. She did go
to church occasionally and she shopped, but only when someone
else took her. Plaintiff said that she sought counseling in
2011 or 2012 due to relationship problems, but she had told
her more recent counselor about the childhood abuse. She was
doing better with medication and after separating herself
from the other person in her relationship.
The Medical Records
pertinent medical records - those relating to Plaintiff's
mental impairments - are found beginning at page 339 of the
administrative record. They can be summarized as follows.
the first report comes from Dr. Yee, a psychologist who
evaluated Plaintiff in February, 2011. Plaintiff told her
that she had a history of depression dating back to her
school days. She denied any history of substance abuse. Her
social presentation was appropriate but withdrawn and some
psychomotor retardation was noted. Her full-scale IQ was
measured at 67. Dr. Yee rated Plaintiff's GAF at 65 and
thought that Plaintiff would be a good candidate for
vocational training once her mood was stabilized (Tr.
501-10). Several years later, Dr. Yee was asked to fill out a
mental residual functional capacity report, and she described
Plaintiff as having a large number of marked impairments,
plus an extreme limitation on her ability to deal with work
stress. (Tr. 513-14).
the record contains a report from Dr. Peterson, also a
consultative examiner, who evaluated Plaintiff on March 25,
2013. Plaintiff reported that she was unable to work due to
an inability to read and write and because of past abuse. She
said that she was a “slow learner” when in
school. She was not taking any medication at the time of the
evaluation. Plaintiff told Dr. Peterson that she had lost
jobs in the past due to her learning difficulties but that
she got along well with coworkers and supervisors. She had
gone to counseling in the past, but not since 2008. On a
daily basis, she did word searches, household chores, and
went shopping. She did some socializing with a friend who
took her to the store and helped her to pay bills. Dr.
Peterson observed that she had difficulty responding to
questions and that she had to be redirected frequently. Her
mood appeared mildly dysphoric. She occasionally felt
depressed but said that her mood was normal most of the time.
Sometimes she had nightmares. Dr. Peterson noted that her
concentration and persistence on tasks was poor. On testing,
she scored 53 on the IQ scale and her working memory
composite score was very low. Dr. Peterson diagnosed a
learning disorder, borderline intellectual functioning, and a
personality disorder with dependent features. She rated
Plaintiff's GAF at 60 for symptoms and 50 for functioning
and concluded that she ...