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.

Francesca Sebestyen v. Michael J. Astrue

June 3, 2011

FRANCESCA SEBESTYEN,
PLAINTIFF,
v.
MICHAEL J. ASTRUE, COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION,
DEFENDANT.



The opinion of the court was delivered by: Suzanne H. Segal United States Magistrate Judge

AMENDED MEMORANDUM DECISION AND ORDER

I. INTRODUCTION*fn1

Francesca Sebestyen ("Plaintiff") brings this action seeking to overturn the decision by the Commissioner of the Social Security Administration (hereinafter the "Commissioner" or the "Agency") denying her application for Disability Insurance Benefits and Supplemental Security Income ("SSI"). The parties consented, pursuant to 28 U.S.C.§ 636, to the jurisdiction of the undersigned United States Magistrate Judge. For the reasons stated below, the decision of the Commissioner is REMANDED for further proceedings.

II. PROCEDURAL HISTORY

Plaintiff filed an application for SSI on September 27, 2006. (Administrative Record ("AR") at 236). The Agency initially denied Plaintiff's claim on January 29, 2007. (AR 107). Plaintiff filed a Request for Hearing by Administrative Law Judge on February 23, 2007. (AR 113). On October 22, 2007, Administrative Law Judge ("ALJ") Helen E. Hesse conducted a hearing to review Plaintiff's claim. (AR 23-51). The ALJ denied benefits on November 15, 2007. (AR 90-101). The Appeals Council remanded her case on August 15, 2008. (AR 102-05).

The ALJ held a second hearing on December 8, 2008. (AR 52-87). After these hearings, the ALJ again denied benefits on May 12, 2009. (AR 5-17). Plaintiff again sought review of the ALJ's decision by the Appeals Council on May 28, 2009. (AR 18-20). The Appeals Council denied Plaintiff's request on April 23, 2010. (AR 1-4). Therefore, the ALJ's decision became the final decision of the Commissioner. (AR 1). Plaintiff commenced the instant action on June 22, 2010.

III.FACTUAL BACKGROUND

Plaintiff was born on December 11, 1973. (AR 236). Plaintiff graduated from high school in 1992. (AR 260). Plaintiff trained as a dental assistant and medical terminology and hospital unit clerk in 1994. (Id.). Plaintiff worked as a hospital records technician and receptionist. (AR 257, 270). Plaintiff last worked in September 2005.(Id.).

A. Plaintiff's Medical History

Plaintiff alleges that her disability began on September 11, 2005. (AR 256). Plaintiff said she fell into a depression after her son passed away. (Id.). Plaintiff said that she was "unable to communicate and function to perform [her] daily duties. [She] ended [her] employment due to [her] condition." (Id.).

Plaintiff reported suffering from asthma. (AR 30). Additionally, she also has a history of suffering with gastritis and ulcers. (AR 346). Plaintiff suffered from abdominal pain that she would visit the emergency room to treat. (AR 381). Plaintiff took medication for her ulcers and relied on multiple inhalers for her asthma. (AR 300).

Plaintiff said she suffers from crippling depression which prevents her from working. (AR 256). Plaintiff's depression stems from her son's drowning in 2005. (AR 36, 256). Plaintiff said that her depression prevents her from staying focused, going outside, and communicating well with others. (AR 256). Plaintiff also claimed that she constantly cries. (Id.). Plaintiff said that she is unable to be around young children. (AR 40).

Plaintiff claimed that she is unable to function and remains at home and inside most of the day. (AR 278-79). Plaintiff reported that she was able to take care of herself and her family by cleaning the apartment, making meals, and doing laundry. (AR 279-80). However, Plaintiff also stated that she did little cooking or cleaning at home. (AR 66-67).

Dr. Rolando Espinoza treated Plaintiff since 2005 for depression. (AR 369, 409). Dr. Espinoza said that Plaintiff was suffering from major depression. (AR 409). Dr. Espinoza also found, in 2007, that Plaintiff "continues to undergo Individual Psychotherapy treatment as well as taking psychotropic medications . . . ." (AR 369). Dr. Espinoza found that Plaintiff had symptoms of agoraphobia which prevented her from going out of the house. (Id.).

Dr. Jason H. Yang conducted a psychiatric evaluation on Plaintiff on January 2, 2007. (AR 350-54). Dr. Yang noted that Plaintiff had seen a therapist on a regular basis. (AR 350-51). Dr. Yang found that Plaintiff claimed to have severe limitations in functioning. (AR 353). However, Dr. Yang's did not agree with Plaintiff's asserted limitations. (See id.). Dr. ...


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.