Gwin v. Commissioner of Social Security

109 F. App'x 102
CourtCourt of Appeals for the Sixth Circuit
DecidedSeptember 8, 2004
DocketNo. 02-4317
StatusPublished
Cited by2 cases

This text of 109 F. App'x 102 (Gwin v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Sixth Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Gwin v. Commissioner of Social Security, 109 F. App'x 102 (6th Cir. 2004).

Opinion

RUSSELL, District Judge.

Plaintiff-Appellant Anthony Gwin, a minor, appeals the decision that he is not entitled to continuation of Supplemental Security Income (“SSI”) childhood benefits under Title XVI of the Social Security Act. 42 U.S.C. § 1882c(a)(8).

BACKGROUND

Gwin applied for and was granted SSI benefits in September 1994. In May 1997, the Social Security Administration reviewed his case and determined that he was not entitled to benefits. A disability hearing officer reviewed and denied his claim. Then, Gwiris application for reconsideration was denied. Next, Gwin had a hearing before an Administrative Law Judge and the Administrative Law Judge found that Gwin was not disabled. Gwin requested and was denied review by the Appeals Council. On April 4, 2002, Gwin filed a complaint in United States District Court. The Magistrate Judge issued a report and recommendation affirming the ALJ’s decision. On September 17, 2002, the district court issued an order adopting the Report and Recommendation and affirming the decision of the Social Security Administration.

Gwin was 12 years old when the hearing before the Administrative Law Judge was held in December 1998. Gwin was in seventh grade and was in special education classes at school for severely behaviorally handicapped children. Gwin had many behavioral problems. First, his mother reported him as being aggressive, not taking responsibility for his actions, not staying focused on tasks, and having little socialization with other children. Gwiris teachers have reported to his mother that he throws tantrums, punches and bangs his head on the wall, and is hostile to other children.

Gwin had ongoing behavioral problems at school. In May 1996, his teacher reported that he had average ability and was capable of doing grade level school work. However, he was unable to work with small groups of other students, even the best behaved ones. Further, he aggravated others, cried, threw fits, shouted out, showed disrespect for teachers, and was deceptive by watching to see if he would get caught. In February 1997, the school psychologist and Gwiris teacher reported continued behavioral problems including tantrums. Also in February 1997, Gwin was suspended from school for hitting a student and almost knocking down a teacher.

In March 1997, he was suspended for refusing to do his work even though his teacher had helped him. At that time Gwiris teachers gave conflicting reports on his attention span, frustration, and peer acceptance. Two reported that his attention span was “very much” or “pretty much” a problem. One reported that attention span was “just a little” problem and frustration was “pretty much” a problem. Two teachers reported that his acceptance by peers was “just a little” prob[104]*104lem. One reported that it was “pretty-much” a problem.

In April 1997, he continued to have behavioral problems with crying, pouting, tantrums, and inability to accept responsibility for his actions. In May 1997, Gwin’s teacher reported that he was disrespectful, did not accept responsibility, and had few peer relationships. In the same month, Dr. Mel M. Zwissler, Ph.D. psychologist, evaluated Gwin and found that his impairments were not severe enough to meet, medically equal, or functionally equal a listed impairment in the Social Security Regulations so as to make Gwin eligible for benefits. Dr. Zwissler found that Gwin had “less than marked” limitations in cognitive/communieations function, social skills, and concentration, persistence, and pace.

In December 1997, Scott Dowling, M.D., interviewed Gwin and his mother and reviewed Gwin’s file. Dr. Dowling reported about Gwin’s previous history and his strengths, such as doing well in a one-to-one setting, having “good persistence and concentration” on a reading and math examination, and playing with neighborhood children including one good friend who lives down the street. Dr. Dowling diagnosed Gwin with oppositional defiant disorder and noted continuing serious impairment of school functioning. Also, in December, J. Rod Coffman, Ph.D., reviewed Gwin’s records and did not find that Gwin’s impairments meet, medically equal, or functionally equal the severity of a listing. Dr. Coffman opined that Gwin had “marked” impairment of social function and “less than marked” impairment of concentration, persistence, or pace. From April-October 1998, Gwin was suspended from school or summer camp five times for such offenses as fighting, hitting a teacher, insubordination, threatening a student and teacher, and causing a friction burn on another student’s hand.

At Gwin’s hearing, Melvin Chavinson, M.D., testified as a medical expert that Gwin’s impairments did not meet, equal, or functionally equal any of the listings of impairments. Dr. Chavinson found that Gwin had oppositional defiant behavioral disorder and his examining physicians had ruled out attention deficit hyperactivity disorder. Dr. Chavinson opined that Gwin had some impairment with concentration, persistence, and pace related to his behavioral problems and that he had a “marked” impairment in the social domain. On cross-examination, Gwin’s attorney asked Dr. Chavinson if Gwin had a personality disorder. Dr. Chavinson explained that personality disorders are not diagnosed with respect to children Gwin’s age since personality disorders are based on patterns of relating behavior, impulse, and affect modulation in persons at least eighteen years of age.1

ANALYSIS

This Court reviews the decision of the Commissioner of Social Security to determine whether substantial evidence supports the findings of fact and whether the correct legal standards were applied. 42 U.S.C. § 405(g); Elam ex rel. Golay v. Comm’r of Soc. Sec., 348 F.3d 124, 125 (6th Cir.2003). “The decision must be affirmed if the administrative law judge’s findings and inferences are reasonably drawn from the record or supported by substantial evidence, even if that evidence could support a contrary decision.” Id. “Substantial evidence is defined as such relevant evidence [105]*105as a reasonable mind might accept as adequate to support a conclusion.” Jones v. Comm’r of Soc. Sec., 336 F.3d 469, 475 (6th Cir.2003) (quoting Stanley v. Secretary of Health & Human Servs., 39 F.3d 115, 117, (6th Cir.1994)).

Gwin is a minor appealing the ALJ’s decision denying him Social Security Disability benefits.

An individual under the age of 18 shall be considered disabled for the purposes of this subchapter if that individual has a medically determinable physical or mental impairment, which results in marked and sever functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months.

42 U.S.C. § 1382e(a)(3)(C)(i).

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109 F. App'x 102, Counsel Stack Legal Research, https://law.counselstack.com/opinion/gwin-v-commissioner-of-social-security-ca6-2004.