Darlene Chrisman v. Frank Bisignano

Procedural entryThis page is a short order in Darlene Chrisman v. Frank Bisignano. Read the opinion of the Court — 137 F.4th 618
Court of Appeals for the Seventh Circuit·Decided May 13, 2025·No. 24-1898·Published

Opinion

In the

United States Court of Appeals For the Seventh Circuit

No. 24-1898 DARLENE CHRISMAN, on behalf of N.R.C., Plaintiff-Appellant,

v.

FRANK BISIGNANO, Commissioner of Social Security, Defendant-Appellee.

Appeal from the United States District Court for the Northern District of Indiana, Fort Wayne Division.

No. 1:23-cv-00046-SLC — Susan L. Collins, Magistrate Judge.

ARGUED APRIL 23, 2025 — DECIDED MAY 13, 2025

Before HAMILTON, KIRSCH, and JACKSON-AKIWUMI, Circuit Judges.

PER CURIAM. Darlene Chrisman, on behalf of her minor granddaughter N.R.C., challenges the Commissioner of Social Security’s denial of her Supplemental Security Income application . We conclude that the administrative law judge’s opinion was properly reasoned and supported by substantial evidence . We therefore affirm.

2 No. 24-1898

I.

In June 2022, the Social Security Administration determined that N.R.C. was not disabled. Chrisman’s appeal is limited to whether N.R.C.’s impairments functionally equal one of the listings of impairments in 20 C.F.R. § 404.1520(d); 20 C.F.R. Pt. 404 P., App. 1. She asserts that the ALJ erroneously determined that N.R.C. has “less than marked” impairments in the domains of “attending to and completing tasks” and “caring for yourself.” We therefore recite only the facts relevant to those domains.

A.

Chrisman has been N.R.C.’s guardian since N.R.C. was 18 months old. In March 2021, just after N.R.C.’s fourth birthday, Chrisman applied for supplemental security income on N.R.C.’s behalf. Chrisman alleged that N.R.C.’s disability began in January 2020 and that N.R.C. suffered from a developmental disorder called separation anxiety disorder of childhood , among other impairments.

When N.R.C. was about three-and-a-half years old in September 2020, a nurse practitioner referred her for counseling after Chrisman explained N.R.C.’s history of trauma and fears of abandonment. Shortly thereafter, the counseling center began administering therapy and skills coaching sessions aimed at, among other things, developing skills for emotional regulation and healthy attachment . Records show that, on average, N.R.C. met with a skills coach for about eight hours a week, split between three sessions at daycare and one session at home. In January 2021, a psychiatrist diagnosed N.R.C. with separation anxiety disorder and dissociative engagement

No. 24-1898 3

disorder. In April 2021, N.R.C. was additionally diagnosed with reactive attachment disorder and ADHD. The doctor prescribed guanfacine, an ADHD medication, to help manage the symptoms of those disorders.

During the first few months of counseling, before N.R.C.

began taking medication, N.R.C. made minimal or slight progress towards her behavioral goals. At times, Chrisman and the skills coach reported that N.R.C. defiantly refused to follow directions and regressed with her toileting skills when she urinated and defecated on herself or the floor. Records from the counseling center show that N.R.C. was more compliant at school than at home but still needed frequent redirection to stay on task.

N.R.C.’s preschool teacher filled out a questionnaire in May 2021, after N.R.C. began taking medication. The teacher reported, by filling in bubbles on a standardized survey, that N.R.C. experiences a “very serious problem” following instructions , taking turns, transitioning between tasks, and requires frequent redirection. The teacher elaborated that N.R.C. has a “very minimal” attention span. N.R.C. also had a “very serious problem” obeying adults and seeking attention appropriately. The teacher explained that this involved “inappropriate” behavior when she is frustrated or angry. The teacher additionally noted that N.R.C.’s medication caused constipation.

In the following months, notes from the skills coach showed that N.R.C. was generally making “some” or “good” progress towards her goals. There were some sessions during which the skills coach noted only “minimal” or “no” progress —for example when N.R.C. urinated at school or at home “because she was mad,” or deliberately disobeyed 4 No. 24-1898

directions. Notwithstanding these setbacks, by the end of the summer, Chrisman told counseling center staff that “overall [N.R.C. is] doing better.” Records from providers at the counseling center report that N.R.C. made progress toward some goals, and minimal or no progress toward others.

In July 2021, a non-examining psychologist from the state agency reviewed N.R.C.’s medical records (including those from the counseling center) and the teacher questionnaire. The psychologist concluded that N.R.C. was not disabled. N.R.C. had a “less than marked” limitation for attending and completing tasks because the medication she was taking for her ADHD was helping. N.R.C. also had a limitation in caring for herself because of her potty-training issues, but it too was “less than marked.”

In August, the counseling center asked N.R.C.’s pediatrician to evaluate whether N.R.C.’s toileting issues were medical , not behavioral. Chrisman told the pediatrician that N.R.C. had no issues at school, but frequent accidents at home. The pediatrician assessed N.R.C. for enuresis (urinary incontinence ) and soiling and recommended further medical evaluation if N.R.C. began having frequent accidents at school. A few months later, a nurse practitioner who specialized in pediatric gastroenterology evaluated N.R.C. for constipation, encopresis (fecal incontinence), and withholding. The specialist noted that the issues appeared to be behavioral and referred N.R.C. for physical therapy.

Shortly thereafter, a psychiatrist at the counseling center reported that N.R.C.’s ADHD and reactive attachment disorder were “chronic,” but “moderate.”

No. 24-1898 5

In October 2021, another state-agency psychologist reviewed updated versions of N.R.C.’s medical and counseling records, as well as the July 2021 psychologist report. This doctor opined that there was no evidence that N.R.C.’s conditions had worsened and agreed with the initial opinion that N.R.C. was not disabled.

N.R.C. received physical therapy from December 2021 to February 2022. The physical therapist reported that after about a month of therapy, N.R.C. was having successful bowel movements. Notes from those sessions reflect that N.R.C. still had occasional accidents but was making progress .

The skills coach’s records continued to reflect N.R.C.’s progress toward her goals—but with regressions at times. Further, the notes from the sessions show that N.R.C. had infrequent toileting issues at school. In October 2021, another doctor from the counseling center evaluated N.R.C. and noted that N.R.C.’s behavioral problems (tantrums) were “constant,” but “mild,” and “improving.” As for her potty- training issues, the behaviors were “better with medication” (guanfacine), and “both guardian and day care have seen a big difference in [N.R.C.’s] behavior and focus” because of the medication. The doctor concluded in the psychiatric exam that N.R.C.’s behavior was “appropriate for [her] age.” About a month later, doctors increased her medication dosage. By February 2022, the counseling center reported “some progress” toward N.R.C.’s goals of being obedient and demonstrating appropriate behaviors regarding bowel movements and attachment.

In March 2022, the psychiatrist from the counseling center noted that N.R.C.’s behavioral symptoms were “moderate,”

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and the therapist reported that she had “[v]ery severe separation anxiety, even though slightly better from before.” As for the symptoms of ADHD, the psychiatrist noted that she had improper toileting events but that the guanfacine for her behavioral disorders appeared to be helpful.

B.

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