United States District Court, D. South Dakota, Central Division
KODEE R. BECKETT, Plaintiff,
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
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
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 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. AR 152-54.
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,  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
Beckett's Relevant Personal History
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
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.) 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. 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.
Beckett's Treatment History
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 and Concerta. 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.
March 3, 2012, psychologist Ted Williams, Ed.D., produced his
report for Beckett's psychoeducational
reevaluation 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. AR 824. Beckett was
prescribed Lexapro 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.
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,  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,  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.
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. 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.
from Avera Hand County Clinic span from March of 2012 to
April of 2013. 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.
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.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.
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.
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 XLand
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 for mood stabilization, Beckett was
unwilling to start that prescription. AR 782.
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. 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.
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.
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 and Topiramate and told Beckett to
return in one month. AR 921. Dr. Chiu also recommended
Beckett engage in psychotherapy. AR 921.
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,  recommended
psychotherapy, and indicated Beckett should follow up in one
month. AR 925.
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
November 5, 2014,  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.
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.
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.
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.
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.
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. AR 949.
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.
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. 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.
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. 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.
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.
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.
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.
September 24, 2014, Beckett began counseling with Angela
Carruthers. AR 871. She attended regularly through October,
November, and December. 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.
Other Relevant Records
Administrative Record also contains several records that were
submitted as part of Beckett's disability claim from
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.
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 ...