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.

Beckett v. Berryhill

United States District Court, D. South Dakota, Central Division

December 21, 2017

KODEE R. BECKETT, Plaintiff,
v.
NANCY A. BERRYHILL, ACTING COMMISSIONER OF SOCIAL SECURITY, Defendant.

          OPINION AND ORDER REVERSING AND REMANDING THE DECISION OF COMMISSIONER

          ROBERTO A. LANGE UNITED STATES DISTRICT JUDGE

         Plaintiff Kodee R. Beckett (Beckett) seeks reversal of the decision of the Acting Commissioner of Social Security (Commissioner) denying her claim for supplemental security income (SSI) under Title XVI of the Social Security Act, 42 U.S.C. § 1382. Doc. 17. The Commissioner argues for affirming denial of benefits. Doc. 19. For the reasons explained below, this Court vacates and remands the Commissioner's decision for further consideration.

         I. Procedural History

         Beckett protectively filed her Title XVI application on February 22, 2013, alleging disability due to anxiety, depression, oppositional defiant disorder, bipolar disorder, and attention deficit hyperactivity disorder (ADHD), which she alleged began on June 21, 2006. AR[1] 146. The Commissioner had Beckett undergo a psychological evaluation and had a Mental Residual Functional Capacity (RFC) assessment done. AR 749-56, 97-110. The Commissioner denied Beckett's claims initially on August 29, 2013. AR 146. Beckett requested reconsideration, and the Commissioner had a second mental RFC assessment completed. AR 111-45. On March 28, 2014, the Commissioner found that Beckett was not disabled under adult disability rules but had been disabled under child disability rules starting on February 22, 2013, until she turned 18 on March 30, 2013[2]. AR 152-54.

         Beckett filed a request for a hearing before an Administrative Law Judge (ALJ) on April 27, 2014. AR 178. That hearing was held by video conference on March 24, 2015, before ALJ Hallie E. Larsen.' AR 37. The ALJ issued a decision determining that Beckett was not disabled under the adult disability rules on July 7, 2015. AR 37-57. Beckett filed a request for a review of the ALJ's decision on August 10, 2015. AR 33. Beckett's counsel, Elizabeth Overmoe, left South Dakota Advocacy Services and Overmoe's former supervisor, John A. Hamilton, then represented Beckett. Hamilton wrote a letter to the Office of Disability Adjudication and Review dated December 9, 2015, reiterating an earlier request for a hearing transcript and requesting additional time to submit a brief and file any new evidence. AR 31. After some apparent confusion, [3] the Appeals Council denied review of Beckett's case in a letter dated July 8, 2016. AR 21. After a request by counsel, the Appeals Council agreed to reopen the file and allow Beckett time to submit a brief and file new material evidence. AR 8-9. The Appeals Council denied review of Beckett's case on October 7, 2016, determining that the ALJ's earlier decision was proper under the law, thus making the ALJ's decision the final decision of the Commissioner. AR 1-6. Beckett now appeals the Commissioner's decision.

         II. Factual Background

         A. Beckett's Relevant Personal History

         Beckett was born March 30, 1995, and thus attained the age of 18 on March 30, 2013. AR 750. Beckett grew up on her parents' ranch near Miller, South Dakota, and has a history of tension with her parents, particularly her mother. AR 750. She reported being sexually assaulted at the age of eleven, but no charges were filed and the incident was apparently handled informally. AR750.

         In 2006, Beckett was diagnosed with pediatric bipolar disorder, and it was recommended she be placed on psychotropic medications, engage in weekly behavioral therapy, and be placed on an Individual Education Plan (IEP) in order to function in school. AR 616-23. Beckett underwent psychoeducational testing assessments in 2006, 2009, and 2012, meeting the eligibility criteria for assistance under South Dakota Special Education guidelines for serving children with an emotional disturbance. AR 823-34. Beckett graduated from Miller High School in May of 2013. AR 396. Beckett attended Mitchell Technical Institute in the fall of 2013, but was expelled for missing classes. AR 87, 516, 837. Her most significant employment experience was just under five months as a checkout clerk for a grocery store in Huron (Tucker's Super Valu [sic], Inc.)[4] from September 2014 until her termination in February of 2015. AR 291-93. At the time of the hearing, Beckett lived in an extra house on her parents' ranch near Huron, South Dakota. AR 78-79. She apparently engaged in some chores on die ranch at her parents' request, though had no fixed responsibilities there. AR 71, 86. She was dependent on her parents to pay her bills and give her gas money.[5] AR 74. Although Beckett is considered medically obese, this does not cause her any physical limitations, and her disability claim is based solely on her psychological issues.

         B. Beckett's Treatment History

         The earliest treatment record of any kind for Beckett in the Administrative Record is the psychological report produced by James D. Wright, Ph.D., in June of 2006 when Beckett was 11 years old. AR 616-23, 758-66. Beckett and her family reported to Wright that Beckett had been exhibiting significant symptoms for several years which included irritability, defiance, poor attention and concentration, insufficient response to psychotropic medications, disobedience, argumentativeness, severe moodiness, insomnia, frequent urinary tract infections, and. social problems. AR 616. Prior to this evaluation, Beckett had already been diagnosed with ADHD but had mixed results with ADHD medications such as Strattera[6] and Concerta[7]. AR 621. Testing showed that the Concerta was helping to control the attention problems associated with her ADHD, but her other symptoms were not impacted by that or any other medications previously prescribed. AR 621. Wright determined that Beckett's symptoms met the criteria for pediatric bipolar disorder. AR 621. Beckett's bipolar symptoms were determined to be severe and would require ongoing treatment with psychotropic medications. AR 622. It was further recommended that Beckett receive weekly behavioral therapy to include the frequent participation of her parents. AR 622. Wright also noted that although ADHD medications may help with Beckett's attention and focus, they may serve to inflame her anxiety and inadvertently make her attention and concentration worse at times. AR 622. Beckett also related suicidal feelings during this evaluation. AR 623.

         On March 3, 2012, psychologist Ted Williams, Ed.D., produced his report for Beckett's psychoeducational reevaluation[8] to determine her eligibility for assistance under South Dakota Special Education guidelines. AR 823-34. The background section of Williams' report noted that Beckett had been admitted to Avera-McKennan Hospital's Behavioral Health Unit from August 15 to 19, 2011, where she had been diagnosed with depression, not otherwise specified, generalized anxiety disorder, dysthymia, and parent-child relational problems.[9] AR 824. Beckett was prescribed Lexapro[10] as a result of that hospitalization. AR 824. The report also noted Beckett's struggles with time management and organization, indicating Beckett had difficulty getting from one class to another without becoming distracted. AR 824. In evaluating Beckett's intellectual and cognitive functioning, the report indicated that Beckett's abilities to sustain attention, concentrate, and exert mental control were a weakness relative to her nonverbal and verbal reasoning abilities. AR 827. The results of the evaluation showed Beckett's overall intellectual functioning at an average range that exceeded that of approximately 70 percent of children her age. AR 832. However, behavioral and social skills evaluations supported the need for strong psychological and psychiatric clinical interventions. AR 833. Consequently, Beckett met eligibility criteria under South Dakota Special Education guidelines for serving children with an emotional disturbance. AR833.

         Records from the Highmore clinic show part of Beckett's treatment relationship with Pauline Bevers, P.A.C. AR 624-56, 767-75. On November 5, 2012, Bevers increased Beckett's Lexapro dosage to 20 mg at the request of Beckett's behavioral counselor Beth Kelsey. AR 635. On November 29, 2012, Bevers refilled a prescription for Ativan, [11] which she had first prescribed to Beckett a month prior for severe anxiety. AR 631. Beckett's mother informed Bevers that Beckett had recently broken up with her boyfriend and that the Ativan helped Beckett on bad days. AR 631. On May 1, 2013, Beckett saw Bevers with a complaint of a persistent cough. AR 624. During that visit, Bevers decided to switch Beckett from Lexapro to Fluoxetine, [12] as Beckett reported the Lexapro was not working well. AR 625. Bevers also advised Beckett to limit the use of Ativan as much as possible, reserving it only for severe anxiety. AR 625.

         Beckett returned to Bevers on October 4, 2013, to discuss possible options regarding her medications. Beckett indicated that she had recently been using Ativan more so than in the past to deal with panic attacks which she was experiencing almost nightly. AR 770. Beckett informed Bevers that she was experiencing chest tightness and abdominal pain, and had been to the emergency room several times.[13] AR 770. Beckett had been using marijuana, which she felt was effective in helping her to relax, but was no longer using it after having been caught by law enforcement. AR 770. Bevers recommended Beckett see a psychiatrist and told her to increase her dosage of Fluoxetine to 40 mg daily. AR 770-71.

         Records from Avera Hand County Clinic span from March of 2012 to April of 2013.[14] AR 657-702. However, these mostly detail treatment for symptoms unrelated to Beckett's disability claim, such as stomach pain and urinary tract infections. Beckett did report that she was experiencing a high level of anxiety when she sought treatment for a lump on the side of her neck on April 17, 2013. AR 659.

         Frank L. Dame, Ph.D., produced a psychological evaluation report on July 27, 2013, after Beckett was referred to him by the Disability Determination Services office of the South Dakota Department of Human Services. AR 749-56. Dr. Dame's report details Beckett's psychoeducational assessments and notes the findings in those assessments-high average to average ability in verbal comprehension and perceptual reasoning abilities, average functioning in processing speed, low average ability in working memory and significant problems with mental control-were consistent with other evaluations and diagnoses he reviewed, as well as the results of his own examination. AR 751. Beckett informed Dr. Dame of two previous hospitalizations, one at the Human Services Center in Yankton, South Dakota, and another at Avera-McKennan Behavioral Health Services in Sioux Falls, South Dakota. AR 752. During the mental status examination, Beckett displayed symptoms of anxiety and depression which reached levels of clinical significance episodically. AR 753. He further observed that Beckett expressed a constant sense of frustration about the conflicts between her mother and herself, as well as others, was reactive to criticism, weak in her ability to cope with frustration, overreacted emotionally and acted out impulsively. AR 753. Dr. Dame described Beckett as impulsive, reactive, and dominated by conflicts with her mother and other authority figures. AR 753. Beckett expressed her belief that she had the skills to succeed in vocational training and independent living, and that increased distance from her mother, facilitated by living in an apartment in Mitchell while attending Mitchell Technical Institute, would reduce the stressors in her life. AR 754. Dr. Dame diagnosed Beckett with panic disorder without agoraphobia, ADHD not otherwise specified, depressive disorder not otherwise specified, and borderline personality disorder. AR 754. He also gave her a Global Assessment of Functioning (GAF) score of 55.[15]Dr. Dame deemed Beckett to be impulsive, reactive, lacking in coping skills, and prone to episodes of anxiety and depression. AR 755. He opined that increased independence would facilitate her ability to function adaptively and ultimately become self-sufficient. AR 755. He further noted that Beckett would require counseling and support services in becoming an independent and functional adult. AR 755.

         Beckett was treated by Dr. Michael Bergen with Avera University Psychiatry Associates on October 18, 2013. AR 776-83. Dr. Bergen's primary diagnosis of Beckett was borderline personality disorder, as well as general anxiety disorder, anxiety not otherwise specified, posttraumatic stress disorder (PTSD), depression not otherwise specified, and social phobia. AR 781. During a counseling session, Beckett described her inability to focus and her frequent anxiety about what other people say and think about her. AR 779. Dr. Bergen observed during the session that even while Beckett was speaking on one topic, her mind wandered to other topics. AR 780. Beckett also acknowledged having suicidal thoughts the previous May when she and her boyfriend broke up for a short time. AR 780. Beckett described how she will interpret looks from other people as being judgmental of her. AR 780. She also explained that her anxiety increased when around new people, when facing a long list of things to do, when in school, when around a lot of people, and when alone. AR 780. Her anxiety, she reported, caused physical symptoms such as vomiting, diarrhea, and numbness in her arms, legs, and face. AR 780. She described having panic attacks approximately three times a day, each of which could last up to six hours. AR 780-81. Beckett stated these severe episodes happen one or two times per week, but had been occurring three to four times a week at the beginning of the school year. AR781. Beckett also experienced PTSD from her past sexual assault experience and other matters. AR781.

         At the time of the session, Beckett reported that she had been off her Fluoxetine for the previous two weeks, which she felt made her tired. AR 781-82. She also indicated that she missed approximately six to eight doses of her medication per month, and missed consecutive doses perhaps up to once per month. AR 781. Dr. Bergen placed Beckett on Wellbutrin XL[16]and discontinued her Fluoxetine. AR 782. Dr. Bergen also indicated that Beckett should continue individual therapy as the main treatment for borderline personality disorder. AR 782. Although Dr. Bergen was willing to start Beckett on Lamotrigine[17] for mood stabilization, Beckett was unwilling to start that prescription. AR 782.

         Beckett voluntarily admitted herself to Avera McKennan Hospital on February 17, 2014, through February 20, 2014, for protection from self-harm and deterioration of functioning. AR 800. While there, she was treated by Dr. Lindsey Knoll and Dr. Jay Weatherill.[18] Upon admission, Beckett said that she had been smoking marijuana daily until the previous weekend, and that she had discontinued taking her Lexapro sometime in the past. AR 801. Beckett also met with an individual therapist throughout her hospital stay. AR 801. Beckett was restarted on Lexapro at this time. AR 802.

         On the day of discharge, Drs. Knoll and Weatherill held a family meeting with Beckett, her parents, her fiance, and her grandmother. AR 802. Beckett was requesting discharge that day because it was her and her fiance's anniversary, and the treating doctors conducted the meeting to establish healthy boundaries at home between Beckett and her family. AR 802. While Beckett was evaluated as a low to moderate risk to herself at the time of discharge, the treating doctors noted that her borderline personality disorder was leading to extreme impairment with poor boundaries, inability to function, severe identity disturbance, and poor self-direction with poor interpersonal skills. AR 802. According to the discharge report, Beckett's condition had been "chronic in nature and led to an inability to maintain a steady work of friendship and other social support." AR 802. The report concluded that while Beckett's condition was stable at the time of discharge, her prognosis was thought to be poor due to the chronic nature of her illness, lack of insight, and a tendency to externalize problems. AR 802.

         Beckett's most recent treatment, for which records exist in the Administrative Record, took place with Dr. James Chiu, M.D. AR 920-51. Beckett first sought treatment with Dr. Chiu on August 7, 2014, with complaints of depression. AR 920. At the time, Beckett was upset that her boyfriend was in jail for physically abusing her and was upset she could not be with him. AR 920. She reported experiencing suicidal thoughts in the prior weeks, but denied she was having them at the time she met with Dr. Chiu. AR 920. Beckett reported not- taking any medications for the past few weeks. AR 920. Dr. Chiu found Beckett'.s attention and concentration to be fair with her judgment and insight limited, and diagnosed her with borderline personality disorder and mood disorder not otherwise specified. AR 920-21. Dr. Chiu started Beckett on Sertraline[19] and Topiramate[20] and told Beckett to return in one month. AR 921. Dr. Chiu also recommended Beckett engage in psychotherapy. AR 921.

         Beckett next saw Dr. Chiu on September 9, 2014, and reported she was doing better since her ex-boyfriend had been sentenced to five years in prison. AR 924. Beckett had discontinued the Topiramate and Sertraline after two weeks because they caused her to feel nauseous and tired. AR 924. Beckett also reported that she was getting along better with her parents and grandmother. AR 924. Dr. Chiu diagnosed Beckett with borderline personality disorder, ADHD combined type, and a mood disorder not otherwise specified. AR 924. Her attention, concentration, judgment, and insight were all rated as fair. AR 924. Dr. Chiu prescribed Vyvanse, [21] recommended psychotherapy, and indicated Beckett should follow up in one month. AR 925.

         At Beckett's next appointment with Dr. Chiu on October 14, 2014, she reported having a new boyfriend and new best friend, was no longer using cannabis, had sold her paraphernalia, had a new full-time job at a grocery store (Tucker's Super Valu [sic], Inc.), and was seeing her psychotherapist weekly. AR 927. Dr. Chiu increased Beckett's Vyvanse dosage and assessed her with the same conditions as previously found. AR 928. Her attention, concentration, judgment, and insight all remained fair. AR 927.

         On November 5, 2014, [22] Beckett reported doing well, but was in contact with her incarcerated ex-boyfriend which was causing friction in her current relationship. AR 930. She was still employed at the grocery store, was' enjoying her job, and was continuing her psychotherapy, though she had missed the previous week's session. AR 930. Beckett's attention, concentration, judgment, and insight were all found to be fair. AR 930. Dr. Chiu's assessment of Beckett's conditions remained the same, and he increased her Vyvanse dosage to 50 mg daily. AR 930-31.

         By the time of her next visit with Dr. Chiu on February 3, 2015, Beckett had ended her previous relationship and had started seeing a new boyfriend two weeks prior, with whom she was already planning on getting married and having children. AR 933. This new boyfriend had moved into Beckett's home and was to work for her parents on the ranch, and she reported her parents approved of their relationship. AR 933. Beckett was continuing to work at the grocery . store and enjoy it. AR 933. Dr. Chiu's diagnosis of Beckett remained borderline personality disorder, ADHD combined type, and mood disorder not otherwise specified, with her attention, concentration, judgment and insight rated as fair. AR 934. Dr. Chiu increased Beckett's Vyvanse dosage to 70 mg daily, and Beckett was to follow up in one month. AR 934.

         During Beckett's next visit on May 5, 2015, she reported having broken up with her boyfriend because he was having an affair, beginning a new relationship with her incarcerated ex-boyfriend, and having lost her job due to her inability to handle the stress. AR 937. Beckett had stopped taking Vyvanse approximately two months prior as she was trying to get pregnant, but wished to restart that medication. AR 937. Dr. Chiu found Beckett's attention, concentration, judgment, and insight all to be fair. AR 937-38. Dr. Chiu's diagnosis remained the same and he restarted Beckett on Vyvanse at 30 mg daily. AR 938.

         At Beckett's appointment on June 4, 2015, she reported considerable stress from relationships, including threats of harm from an ex-boyfriend. AR 941. Beckett had a part-time job, but had stopped seeing her therapist, hoping to find a new one. AR 941. Dr. Chiu's assessment of Beckett was borderline personality disorder, ADHD combined type, and depressive disorder, unspecified. AR 942. He increased her Vyvanse dosage to 50 mg daily. AR 942. He continued to find her attention, concentration, judgment, and insight to be fair. AR 941-42.

         On June 30, 2015, Beckett reported having lost her job, continued harassment from an ex-boyfriend, and considerable financial stress. AR945. Beckett said that she had begun seeing her psychotherapist again. AR 945. Dr. Chiu's diagnosis of Beckett's conditions remained unchanged from her previous visit. AR 946. Dr. Chiu started Beckett on Fluoxetine and continued her Vyvanse prescription at the same dosage. AR 946. Beckett's attention, concentration, judgment, and insight all remained fair. AR 945-46.

         Beckett's last visit with Dr. Chiu for which treatment records exist in the Administrative Record took place on July 20, 2015. AR 948. Beckett reported considerable stress in her life, in part because her father reportedly had physically assaulted her when he learned she was dating one of his employees and was in jail at the time of her appointment. AR 948. Beckett was living in a shelter in Redfield, South Dakota. AR 948. She was depressed, but was to start a new job at the Subway restaurant in Redfield that week. AR 948. Beckett also stated that someone had stolen her Vyvanse. AR 948. Beckett's attention, concentration, judgment, and insight were all rated as fair. AR 948. Dr. Chiu assessed Beckett with the same conditions as previously reported and maintained her prescriptions of Vyvanse and Fluoxetine, as well as starting Trazodone.[23] AR 949.

         Dr. Chiu had completed a mental RFC for Beckett on February 4, 2015. AR 892-97. He listed her conditions as a mood disorder not otherwise specified, ADHD, and borderline personality disorder. AR 892. He reported that Beckett has been prescribed Vyvanse, to which she responded well, and rated her prognosis as fair. AR 892. Question eight of the RFC requires the treatment provider to rate the patient's mental abilities and aptitude to do unskilled and skilled work, as well as particular types of jobs. There are five different ratings that may be given for the patient's abilities and aptitude limitations: 1) unlimited or very good; 2) limited but satisfactory; 3) seriously limited, but not precluded; 4) unable to meet competitive standards; and 5) no useful ability to function. Dr. Chiu rated Beckett's ability to remember work-like procedures as "limited but satisfactory, " and for every other capability in the questionnaire his rating of Beckett was "seriously limited but not precluded." AR 894-95. Dr. Chiu estimated that Beckett's impairments would cause her to be absent from work approximately three days per month. AR 896.

         The Administrative Record also contains Beckett's counseling records from Community Counseling Services in Huron, SD, which begins on February 2, 2012, and end on January 30, 2015. AR 703-48, 835-91. Beckett's primary counselor was Beth Kelsey, Ed.D., whom she saw for a majority of her time in counseling.[24] Beckett's attendance at counseling from February to September of 2012 was consistent, and Beckett typically presented at counseling with a poor mental state, difficulty understanding how she contributes to her own issues, and poor frustration tolerance. AR 707, 715. There were days when Kelsey remarked that Beckett was in a good mental state and showed improved judgment and impulse control. AR 712, 714, 722-23.

         Beckett terminated therapy sometime in October of 2012, but returned on November 1, 2012, as it was required for her IEP. AR 730. She was depressed and angry, and had experienced "a major meltdown" the prior week when she and her boyfriend terminated their relationship, causing her to miss school and fall behind on her schoolwork. AR 730. She maintained good attendance over the next several months, but her condition was largely unchanged. Small improvements, such as a comment from her session on January 10, 2013, that she was handling her relationship with her parents better, AR 735, were countered with meltdowns in school and conflicts with students. AR 738-40. On February 28, 2013, Kelsey noted that Beckett was making very slow progress in improving her relationships and making specific plans for transitioning out of high school. AR 740. However, Kelsey also entered a change in diagnosis oh February 28 on the basis that Beckett was improving. AR 741. The diagnosis indicated a depressive disorder not otherwise specified and a GAF score of 50.[25] AR 740. Beckett maintained regular attendance through March and April, and during this time she struggled with several conflicts with her classmates and her boyfriend. AR 741-46. Beckett then skipped a month of therapy to visit her boyfriend in Huron. AR 746.

         Kelsey's next entry shows that Beckett called her in a panic on July 27, 2013, because she wanted to stay in Huron with her boyfriend but her parents wanted her to come home. AR . 835-36. The next entry is on November 4, 2013, after Beckett was suspended from Mitchell Technical Institute for missing classes. AR 837. Kelsey attempted to help Beckett develop a plan for the next few months and described her mood as anxious and her judgment and frustration tolerance as poor. AR 837.

         Beckett missed appointments on November 14 and 18, and next attended therapy on December 3, 2013. AR 838-39. This appears to be her first session with Elisa Lewis. Beckett described her history of contentious relations with her mother and her past as a sexual assault victim. AR 839-40. Beckett missed the next scheduled appointment on December 5, next attended on January 15, 2014, and was depressed at that time. AR 843. Beckett attended therapy the following week on January 22, but missed her appointment on January 29. AR 844-45. Over the next two months, Beckett missed two of six appointments. AR 845-49. On March 31, 2014, Lewis noted that Beckett appeared to be "moving backward" rather than making progress toward her goals. AR 850. On August 4, Beckett reported being in her "best mood ever" because she had renewed an old physical relationship, although with a 15-year-old child. AR 870. Her counselor, who at this time was Elisa Lewis, contemplated calling Child Protective Services due to the age difference. AR 870.

         From April through August, Beckett's attendance at therapy was more sporadic, with several missed appointments and some gaps of up to a month in between sessions. Beckett was anxious and struggled to stay engaged during sessions. AR 853-60. Beckett had some sessions where improvement was noted, such as on June 16 where she agreed to turn off her phone during session to stay more focused, and on July 28 where her counselor noted she was displaying some ability to keep calm in stressful situations. AR 860, 869.

         On September 24, 2014, Beckett began counseling with Angela Carruthers. AR 871. She attended regularly through October, November, and December.[26] Carruthers noted that Beckett was making some progress on recognizing unhealthy relationships on October 15 and making more healthy choices than unhealthy ones on October 22. AR 874-75. Beckett was cheerful some days, and anxious and stressed on others. On November 26, Beckett's counselor noted she was struggling to take responsibility for her choices. AR 881. Just a week later on December 3, her provider noted Beckett had made some "great changes" in her life and had made mature decisions. AR 883. Beckett's last two appointments took place on January 14 and 21, 2015. Beckett was cheerful during both, but noted that her current relationship was not always positive and that she had problems communicating with her boyfriend. AR 888-89. Beckett did not attend scheduled appointments on January 28 and 30. AR 890-91.

         C. Other Relevant Records

         The Administrative Record also contains several records that were submitted as part of Beckett's disability claim from non-medical sources.

         Beckett was found eligible for Vocational Rehabilitation Services on June 25, 2012. AR 306-07. Beckett was deemed, at the time, to have significant limitations related to job-related interpersonal skills, problems with reasoning, processing and cognition regarding life decisions, and was significantly Limited by a lack of insight. AR 307. The Administrative Record contains many pages of case notes from the Vocational Rehabilitation counselor, Carmen Thies, who worked with Beckett. AR 435-560. Many of these notes document Beckett's struggles with school, relationships, and jobs. AR 498-560. Notes from Thies record that Beckett began working part time at Alco in Miller but that she soon began struggling to balance the demands of work and school and requested to reduce her work at Alco to Monday and Wednesday evenings. AR 559. Thies entered a summary case note on December 20, 2012, about a worksite visit where Beckett's supervisors said that Beckett was doing fine, but apparently struggling with classes. AR 555. Thies received an email on December 20 that Beckett was often making excuses as to why she either could not work or would be late to Alco. AR 554. Beckett apparently only wanted to work the cash register, but her supervisors did not find her sufficiently dependable to do so. AR 554.

         A note from March 6, 2013, documented that Beckett "occasionally need[s] a job coach to assist her to complete her tasks." AR 542. Beckett also apparently resisted any job coaching. AR 540. An email from April 4, 2013, indicated Beckett was close to failing English, frustrated with Miller High School, calling in sick to Alco often, and getting little work done after the manager leaves for the night. AR 540. Beckett apparently quit Alco ...


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.