Burton v. Berryhill

267 F. Supp. 3d 520
CourtDistrict Court, E.D. Pennsylvania
DecidedMarch 30, 2017
DocketCIVIL ACTION NO. 14-6776
StatusPublished
Cited by1 cases

This text of 267 F. Supp. 3d 520 (Burton v. Berryhill) is published on Counsel Stack Legal Research, covering District Court, E.D. Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Burton v. Berryhill, 267 F. Supp. 3d 520 (E.D. Pa. 2017).

Opinion

MEMORANDUM OPINION

TIMOTHY J. SAVAGE, Judge.

Since Tristan Burton filed his application for Stipplemental Security Incomé benefits thirteen years ago, there have been six hearings and three decisions by two different administrative law judges, and his case has been twice remanded to the Commissioner for expert testimony addressing his impairments relating to intellectual disability.2 Now, acknowledging the recent decision to deny benefits is not supported by substantial evidence, the Commissioner moves to remand a third time.

As the Commissioner concedes, the last ALJ decision is indefensible. After thirteen years, it is time for a decision. Thus, we shall deny the Commissioner’s motion to remand for more testimony and instead decide the case on the existing record.

Factual and Procedural Background

This is the third time this case has been before us-for review. In 2004,- Burton, then ten years of age, applied for Supplemental Security Income benefits. In 2008, after an ALJ found Burton was not disabled and the Appeals Council affirmed, Burton filed an action for review.3 We adopted the report and recommendation of the magistrate judge, who found that the ALJ had failed to develop the record by obtaining medical expert opinion on whether Burton met or equaled the listings for intellectual disability. Accordingly, we remanded to the Commissioner to obtain a medical expert opinion.

[523]*523In 2011, the same ALJ again determined that Burton was not disabled. The Appeals Council affirmed. After Burton filed a second action for review,4 the Commissioner sought a remand to obtain a psychological evaluation and expert evidence on Burton’s mental impairments, functional capacity and ability to work. Granting the motion, we again remanded.

In a September 26, 2014 decision, a different ALJ decided that Burton was not disabled. The ALJ relied substaritiálly on the testimony of a medical expert, who testified that Burton’s IQ scorós were not consistent with intellectual disability and he had no deficits in adaptive functioning sufficient to meet or equal Listings 12.050 or 112.05D. Burton then filed this action.

The Disability Tests

There are two different disability tests that apply — one for a child and the other for an adult. When Burton filed his claim, he was ten years old. He is now twenty-four. .

To determine whether a child under eighteen is disabled, the Commissioner engages in a three-step sequential process. To establish eligibility for benefits, the child must show: (1) he is not engaged in substantial gainful activity; (2) he has a medically determinable physical or mental impairment that is “severe” within the meaning of the regulations; and, (3) the impairment or combination of impairments meets, medically equals, or functionally equals the severity of one or more of the impairments listed in the regulations. 20 C.F.R. § 416.924; see also Morrison ex rel. Morrison v. Comm’r, 268 Fed.Appx. 186, 187 (3d Cir. 2008). If he has an impairment that meets, medically equals, or functionally equals the listed impairments, the child is deemed disabled.

■It is the third step that is at issue. The ALJ found that Burton was not engaged in substantial gainful activity and he had a severe mental impairment. At the third step, he concluded that Burton’s impairment did not meet, medically equal, or functionally equal in severity any of the listed impairments. 20 C.F.R. § 416.924,

The inquiry at' the third step requires the Commissioner to compare medical evidence to corresponding medical criteria for the listed impairment. See 20 C.F.R. pt. 404, subpt. P, app, 1. If the impairment does hot meet or equal a listed impairment, the claimant must show that it is functionally equal to a listed' impairment. Id § 416.926a(a). To meet his burden, the child must demonstrate that he suffers from an impairment that causes “marked” limitations in at least two domains of functioning or an “extreme” limitation in at least one domain of functioning. If he does, the child is considered to have an impairment functionally equal in severity to a listed impairment, rendering him disabled. Id. § 416.926a(d).

The six. domains of functioning are: (1) acquiring and using information; (2). attending and completing tasks; (3) .interacting and relating with others; (4) moving about and manipulating objects;. (5) caring for himself; and (6) health and physical well-being. Id. § 416.926a(b)(1). A “marked” limitation “interferes seriously” with a child’s “ability to independently initiate, sustain, or complete activities.” Id § 416.926a(e)(2)(i). A marked limitation “also means a limitation that is more than moderate but less than extreme.” Id (internal quotation marks omitted). An “extreme” limitation “interferes very seriously” with a child’s “ability to independently initiate, sustain, or complete activities.” Id § 416.926a(e)(3)(i). An extreme limitation [524]*524is “a limitation that is more than marked.” Id, (internal quotation marks omitted).

Once Burton turned eighteen years old, a different test applied. Id. § 416.924(f). Instead of the three-step process applicable to children, a five-step sequential process governs the inquiry to determine whether an adult is disabled. Bowen v. Yuckert, 482 U.S. 137, 140-42, 107 S.Ct. 2287, 96 L.Ed.2d 119 (1987); 20 C.F.R. § 416.920. The first two steps are the same as the child test. Compare 20 C.F.R. §§ 416.920(a)(4)(i), (ii) with id. §§ 416.924(b), (c). The third step is different. Unlike the test for a child, the adult test does not apply a functional equivalence measurement. The claimant must show that his impairment meets or equals a listed impairment. A functionally equivalent impairment does not qualify. See Zirnsak v. Colvin, 777 F.3d 607, 611 (3d Cir. 2014); 20 C.F.R. § 416.920(a)(4)(iii). If he has an impairment meeting or equaling a listed impairment, the claimant is considered per se disabled, ending the inquiry. Burns v. Barnhart, 312 F.3d 113, 119 (3d Cir. 2002); 20 C.F.R. § 416.920(d). If the impairment does not meet or equal a listed impairment, the inquiry proceeds to a fourth step. See Sullivan v. Zebley, 493 U.S. 521, 534-37, 110 S.Ct. 885, 107 L.Ed.2d 967 (1990) (concluding that previous Social Security regulations did not provide children a comparable opportunity to adult step four). At step four, the claimant must show that the impairment prevents the performance of his past relevant work. Zirnsak, 777 F.3d at 611; 20 C.F.R.

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267 F. Supp. 3d 520, Counsel Stack Legal Research, https://law.counselstack.com/opinion/burton-v-berryhill-paed-2017.