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.

Velasquez v. Commissioner of Social Security

United States District Court, E.D. California

May 2, 2018

VICTORIA RODRIGUEZ VELASQUEZ, Plaintiff,
v.
COMMISSIONER OF SOCIAL SECURITY, Defendant.

          ORDER DENYING PLAINTIFF'S SOCIAL SECURITY APPEAL (ECF Nos. 16, 19, 20)

         I. INTRODUCTION

         Plaintiff Victoria Rodriguez Velasquez (“Plaintiff”) seeks judicial review of a final decision of the Commissioner of Social Security (“Commissioner” or “Defendant”) denying her application for supplemental security income pursuant to the Social Security Act. The matter is currently before the Court on the parties' briefs, which were submitted, without oral argument, to Magistrate Judge Stanley A. Boone.[1]

         Plaintiff suffers from psychotic disorder and bipolar disorder/major depressive disorder with anxiety. For the reasons set forth below, Plaintiff's Social Security appeal shall be denied.

         II. FACTUAL AND PROCEDURAL BACKGROUND

         Plaintiff filed an application for supplemental security income on January 29, 2013, alleging disability beginning December 9, 2012.[2] (AR 137-144.) Plaintiff's applications were initially denied on August 23, 2013, and on reconsideration on January 6, 2014. (AR 75-80, 84-89.) Plaintiff requested and received a hearing before Administrative Law Judge Christine Hilleren (“the ALJ”). Plaintiff appeared for a hearing on June 24, 2015. (AR 25-51.) On August 27, 2015, the ALJ found that Plaintiff was not disabled. (AR 7-20.) The Appeals Council denied Plaintiff's request for review on February 22, 2017. (AR 1-4.)

         A. Hearing Testimony

         Plaintiff testified at the hearing on June 24, 2015. She is married with four children. (AR 31.) She has children who are 14, 13, and 12, and one child over 18. (AR 32.) She lives with her husband and her four children. (AR 32.) She attended school up to eleventh grade and has not earned her GED. (AR 33.) She has not worked since January 29, 2013. (AR 33.) She worked at Foster Farms in 2009. (AR 35.) She had worked for In Home Support Services taking care of her grandmother from approximately 1999-2001. (AR 36-37.)

         She has never had a driver's license because she never learned to drive. (AR 32-33.) Her husband drives her places and if he cannot drive her, she takes public transportation. (AR 33.) The last time she took public transportation was a year prior to the hearing. (AR 33.) Previously, she took public transportation once a month. (AR 33.)

         The only reason that she cannot work is because her medications make her drowsy. (AR 37, 42.) She takes Abilify, Trazadone, and Hydroxyzine. (AR 37.) Whenever she takes the medications, she is drowsy. (AR 38.) Her vision is kind of blurry and it is difficult to keep her eyes open. (AR 37.) The drowsiness causes her to fall asleep. (AR 38.)

         If she was at home instead of at the hearing, she would be asleep. (AR 38.) She generally sleeps between noon and 6:00 or 7:00 p.m. (AR 38.) She also testified that she takes her medication at 5:30 a.m. and she begins to feel the effects of her medication by 6:00 a.m., so she sleeps the whole day until 4:00 or 5:00 p.m. (AR 39.) She also sleeps at night because of the medication that she takes at night. (AR 38.) She does get her kids to school and gets them dressed. (AR 39.) She then gets up and eats something before going back to sleep. (AR 39.) She then gets up to use the restroom and take her pills around 8:00 or 8:30 p.m. (AR 39.) After taking her pills, she falls asleep until she wakes up at 5:30 a.m. (AR 39.)

         She has not told her doctor about the side effects that she is experiencing because she figures that the medications are supposed to make her drowsy and sleepy since they list those as side effects. (AR 40.) When she is taking her Abilify, she does not hear voices and she does not get paranoid. (AR 40.) She does not experience mental health symptoms when she is on her medications, but she does when she is off her medications. (AR 40.) She started taking her medications again yesterday. (AR 40.) She had been off them for a week because Abilify was not in stock. (AR 40-41.) Prior to that, she was taking her medications consistently. (AR 41.) She was first prescribed her medications when she got out of prison in 2009 or 2001. (AR 41.)

         She saw Dr. Evangeline Murillo for the first time in April 2015. (AR 41.) She has not seen her since that appointment, but she had an appointment scheduled for the day after the hearing. (AR 41.) She sees Dr. Murillo for refills of her medication. (AR 41.) Dr. Murillo does not do any therapy with Plaintiff. (AR 41.) Plaintiff plans to talk to Dr. Murillo about adjusting her medications so that she is not experiencing such severe side effects. (AR 42.)

         Plaintiff's daughter and husband do the cleaning and the shopping because she is always laying down. (AR 44.) She does not go anywhere on a regular basis during the day. (AR 44.) She has no problem getting along with other people when she is on her medication. (AR 46.) She has no fights with people when she is on her medication. (AR 46.) Even when she is tired, she still can take a shower. (AR 45.)

         Vocational Expert (“VE”) John P. Kilcher also testified at the hearing. (AR 46-49.)

         B. ALJ Findings

• Plaintiff has not engaged in substantial gainful activity since January 29, 2013, the application date.
• Plaintiff has the following severe impairments: psychotic disorder and bipolar disorder/major depressive disorder with anxiety.
• Plaintiff does not have an impairment or combination of impairments that meets or medically equals the severity of one of the listed impairments.
• After careful consideration of the entire record, Plaintiff has the residual functional capacity (“RFC”) to perform a full range of work at all exertional levels but she is limited to performing simple and routine tasks commensurate with an SVP level of two or less.
• Plaintiff has no past relevant work.
• Plaintiff was born on January 27, 1981, and was 32 years old, which is defined as a younger individual age 18-49, on the ...

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.