Conway Ex Rel. Tolen v. Astrue

554 F. Supp. 2d 26, 2008 U.S. Dist. LEXIS 41091, 2008 WL 2150921
CourtDistrict Court, District of Columbia
DecidedMay 23, 2008
DocketCivil Action 06-578 (CKK)
StatusPublished
Cited by8 cases

This text of 554 F. Supp. 2d 26 (Conway Ex Rel. Tolen v. Astrue) is published on Counsel Stack Legal Research, covering District Court, District of Columbia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Conway Ex Rel. Tolen v. Astrue, 554 F. Supp. 2d 26, 2008 U.S. Dist. LEXIS 41091, 2008 WL 2150921 (D.D.C. 2008).

Opinion

MEMORANDUM OPINION

COLLEEN KOLLAR-KOTELLY, District Judge.

Currently pending before the Court are Plaintiffs Motion for Judgment of Reversal and Defendant’s Motion for Judgment of Affirmance, respectively, of the decision of an Administrative Law Judge (“ALJ”) denying Supplemental Security Income Benefits (“SSIB”) to Plaintiff, Tyana To-len, pursuant to Title XVI of the Social Security Act. After reviewing the parties’ briefs, the administrative record, and the relevant case law, the Court shall deny Plaintiffs motion to reverse the judgment and grant Defendant’s motion to affirm the judgment. 1

I: BACKGROUND

A. Legal Framework and Procedural History

On October 18, 2002, Wanda Conway filed an application for SSIB on behalf of her daughter, Tyana Tolen (born in 1997) 2 (hereinafter “Plaintiff’), pursuant to Title XVI of the Social Security Act. Mem. in Support of Pl.’s Mot. for J. of Rev. (hereinafter “PL’s Rev. Mot.”) at 1-2; Admin. Record (“A.R.”) at 53. 3 Plaintiffs applieation for SSIB alleged disability on the basis of a learning disability, a weight problem, and aggressive behavior. A.R. at 62.

After Plaintiffs claims were denied initially and upon reconsideration, she requested a hearing before an ALJ. A.R. at 15, 27-29, 30, 32. That hearing occurred on April 13, 2005, and Plaintiff was represented by counsel. Id. at 156-80. In a decision dated July 26, 2005, the ALJ denied Plaintiffs requested benefits. Id. at 12-24. In order to place the ALJ’s opinion in context, the Court sets forth below some of the legal framework relevant to Plaintiffs application for SSIB.

To be eligible for SSIB, a child must be disabled under the meaning of Title XVI of the Social Security Act. 20 C.F.R. § 416.901. The Social Security Administration (“SSA”) will consider a child disabled if he or she has “a medically determinable physical or mental impairment or combination of impairments that causes marked and severe functional limitations, and that ... has lasted or can be expected to last for a continuous period of not less than 12 months.” 20 C.F.R. § 416.906. A three-step sequential evaluation is used to determine whether a child is eligible for SSIB on the basis of a disability. 20 C.F.R. § 416.924. This evaluation involves determining: (1) whether the child is engaged in substantial gainful activity; (2) whether *29 the child has an impairment or a combination of impairments that is severe; and (3) whether the child has an impairment(s) that meets, medically equals, or functionally equals the listings included in 20 C.F.R. Part 404, Subpart P, Appendix 1. Id. If the child is engaged in substantial gainful activity or does not have an impairment or combination of impairments that is severe, the child is considered not disabled and the evaluation does not progress to the next step. Id.

In determining whether a child’s impairment(s) functionally equal a listed impairment, the SSA considers six separate “domains,” or areas, of functioning, which include: (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 yourself; and (6) Health and physical well-being. 20 C.F.R. § 416.924a(b)(l)(i)-(vi). In order to functionally equal a listed impairment, a child’s impairment “must be of listing-level severity; i.e., it must result in ‘marked’ limitations in two domains of functioning or an ‘extreme’ limitation in one domain.” Id. § 416.926a(a). A “marked” limitation exists when a child’s impairment “seriously interferes” with his or her “ability to independently initiate, sustain, or complete activities.” Id. § 416.926a(e)(2)(i). The SSA describes a “marked” limitation as “more than moderate” but “less than extreme,” and will generally find a “marked” limitation when a child has a “valid score that is two standard deviations or more below the mean, but less than three standard deviations, on a comprehensive standardized test designed to measure ability or functioning in that domain, and [the child’s] day-to-day functioning in domain-related activities is consistent with that score.” Id. § 416.926a(e)(2)(i), (iii). An “extreme” limitation is “more than marked” but “does not necessarily mean a total lack or loss of ability to function.” Id. § 416.926a(e)(3)(i). The SSA will generally find an “extreme” limitation when a child has a “valid score that is three standard deviations or more below the mean on a comprehensive standardized test designed to measure ability or functioning in that domain, and [the child’s] day-to-day functioning in domain-related activities is consistent with that score.” Id. § 416.926a(e)(3)(iii).

In the instant case, at Step One, the ALJ found that Plaintiff had not engaged in substantial gainful activity during any part of the period under adjudication. A.R. at 16. At Step Two, the ALJ found that Plaintiff had “learning disability and obesity, which are ‘severe’ within the meaning of 20 C.F.R. § 416.924(c) and Social Security Rulings 96-3p and 85-28 because [Plaintiff] has more than slight abnormalities and more than minimal functional limitations.” Id. Turning to Step Three, the ALJ found that Plaintiff did not meet or medically equal Section 112.05 (“Mental Retardation”) of the SSA’ Childhood Listings for disability evaluation under Social Security. Id. at 17.

The ALJ then continued to consider “whether [Plaintiff] has an impairment (or combination of impairments) that is ‘functionally equal’ to the listings and satisfies the 12-month duration requirement.” Id. The ALJ detailed all of the evidence contained in the Administrative Record in this case, including the testimony during the administrative hearing, and found that Plaintiff had “marked” limitation in the domain of Acquiring and Using Information “but based upon current evidence has improved and is doing better” in that domain. A.R. at 18. As to the remaining domains, the ALJ found that Plaintiff had either “less than ‘marked’ limitation” or no limitation.” Id. at 18-20. Ultimately, the ALJ concluded that “[b]ecause [Plaintiff] *30 does not have an ‘extreme’ limitation in one area of functioning or a ‘marked’ limitation in two areas, [Plaintiff] does not functionally equal, singly or in combination, any listed impairment.” Id. at 17-22.

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Bluebook (online)
554 F. Supp. 2d 26, 2008 U.S. Dist. LEXIS 41091, 2008 WL 2150921, Counsel Stack Legal Research, https://law.counselstack.com/opinion/conway-ex-rel-tolen-v-astrue-dcd-2008.