Petitioner worked as a self-employed jewelry salesperson for six or seven years until 1992. She also worked as a “marathon assistant” from October to December 1997. Beginning in April 1998, she sought treatment at the emergency room of St. Barnabas Hospital, complaining of sleeplessness, hearing voices, and nervousness. The psychiatrist who examined Petitioner reported that she was fully oriented and had an appropriate affect, but was anxious. He also reported that her insight and judgment were fair, and that no psychotic symptoms were elicited. The diagnosis was adjustment/anxiety disorder. Petitioner was referred to Fordham-Tremont Community Mental Health Center (“FTMH”).
Dr. Maria Sandos of FTMH treated Petitioner from June 1998 to January 1999. At her initial examination, Sandos observed that Petitioner was fully oriented, alert, positive, and adequately groomed. Her memory, impulse control, insight, and social judgment were fair. Sandos noted that Petitioner was preoccupied with her son’s arrest, and that she complained of hallucinatory voices. Sandos’s diagnosis was “major depression, moderate, dysthimia.” Sandos also concluded that Petitioner’s Global Assessment of Functioning (“GAF”) was 65. After attending therapy sessions through 1998, Petitioner reported that she felt “somewhat better” with medication, although her anxiety and depression persisted.
In September 1998, Petitioner was examined by a consulting physician, who determined that Petitioner had no physical difficulties or limitations, although she appeared anxious. In December 1998, she was examined by a consulting psychiatrist, who determined that her mood was depressed, but her judgment was fair, she possessed emotional insight, and she had no psychotic symptoms or suicidal or homicidal ideation. He diagnosed Petitioner with “[m]ajor depression, recurrent, moderate in intensity, without psychotic features.” He opined that she could manage her own funds and had a fair to limited ability to understand, carry out, and remember instructions in a work setting. Also in December 1998, a state agency physician produced a report based on Petitioner’s medical record. The state physician indicated that she could lift weights up to fifty pounds and could sit, stand, or walk for periods of six hours. The state physician noted that she had deficiencies in concentration and one or two episodes of decompensation (i.e., temporary increases in symptoms) in a work-like setting. He therefore opined that Petitioner had moderate limitations in activities of daily living and social functioning, marked limitations in her ability to understand, remember, and carry out complex instructions, but no limitations in understanding, remembering, and carrying out simple instructions or making simple work-related decisions.
Jurisdiction: U.S. Court of Appeals, Second Circuit
Related Categories: Health Care , Insurance
|Circuit Court Judge(s)|
|Appellant Lawyer(s)||Appellant Law Firm(s)|
|Cara Campbell||Seton Hall University School of Law Center for Social Justice|
|Jon Romberg||Seton Hall University School of Law Center for Social Justice|
|Appellee Lawyer(s)||Appellee Law Firm(s)|
|John E. Gura, Jr.||US Attorney's Office|
|David S. Jones||US Attorney's Office|