Ivey v. Social Security Administration

806 F. Supp. 2d 151, 2011 U.S. Dist. LEXIS 96239
CourtDistrict Court, District of Columbia
DecidedAugust 29, 2011
DocketCivil Action No. 2010-0656
StatusPublished

This text of 806 F. Supp. 2d 151 (Ivey v. Social Security Administration) 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
Ivey v. Social Security Administration, 806 F. Supp. 2d 151, 2011 U.S. Dist. LEXIS 96239 (D.D.C. 2011).

Opinion

MEMORANDUM OPINION

BERYL A. HOWELL, District Judge.

Plaintiff, proceeding pro se, seeks review of a final decision of the Commissioner of Social Security (“SSA”) denying her daughter Child’s Supplemental Security Income (“SSI”) disability benefits. Plaintiff has written eloquently about the challenges of caring for her daughter who suffers from a chronic liver condition, and the progress her daughter has been made since her condition was first diagnosed in infancy. Now before the Court are plaintiffs motion for judgment of reversal [Dkt. # 22] and defendant’s motion for judgment of affirmance [Dkt. #23]. For the reasons discussed below, the Court will deny the former and grant the latter.

I. BACKGROUND

Da’Moni J. Ivey (“Da’Moni”) was born on June 1, 2003, with biliary atresia. Admin. R. at 90 (Application Summary for Supplemental Security Income at 1), 393 (Letter from Dr. Parvathi Mohan dated October 9, 2009). 1 The condition involves *152 “obliteration or hypoplasia of one or more components of the bile ducts due to arrested fetal development, resulting in persistent jaundice and liver damage ranging from biliary stasis to biliary cirrhosis, which splenomegaly as portal hypertension progresses.” Def.’s Mem. in Supp. of his Mot. for J. of Affirmance and his Mem. in Opp’n to PL’s Mot. for J. of Reversal (“Def.’s Mem.”) at 2 (quoting Dorland’s Illustrated Medical Dictionary, 156 (28th ed. 1994)). In addition to biliary atresia, Da’Moni had a history of “various gastrointestinal dysfunctions such as H. pylori gastritis and episodic vomiting associated with abdominal pain.” Admin. R. at 392 (Letter from Carola Cerezo-Alien, RN, dated October 8, 2009). At six weeks of age, Da’Moni successfully underwent a surgical procedure known as “Kasai portoenterostomy to remove a blockage in her liver.” Admin. R. at 13 (Decision dated November 16, 2009 at 4).

Da’Moni has been treated since birth by Parvathi Mohan, M.D., Admin. R. at 393 (Letter from Dr. Mohan dated October 9, 2009), and it was believed that certain of her symptoms, which include vomiting, diarrhea, dehydration and abdominal pain, may have involved her liver. There were “no complaints of abdominal pain, fever, vomiting, or diarrhea” during a visit to Dr. Mohan on November 3, 2006, however. Admin. R. at 13. Similarly, as of a followup in April 2007, notwithstanding bouts of abdominal pain, Da’Moni had “virtually no symptoms” and exhibited no signs of jaundice. Admin. R. at 192 (Clinic Letter dated April 20, 2007). She was “doing extremely well from the biliary artresia point of view,” and she continued to take vitamins and other medications. Id. Da’Moni experienced intermittent abdominal pain and diarrhea in the weeks preceding a visit to Dr. Mohan in July 2007, but both conditions had resolved themselves, and the doctor observed neither jaundice nor indications of a cirrhotic or fibrotic liver at that time. Admin. R. at 175 (Clinic Letter dated July 6, 2007). Rather, “from the liver point of view [Da’Moni was] doing great and has done very well” since the Kasai portoenterostomy. Id. Although “[t]here had been some concerns initially that [Da’Moni] may require a transplant, ... she [was] showing more and more improvement in her liver functions as well as on clinical examination.” Id. Da’Moni experienced no apparent weight loss and showed “more and more improvement in her liver functions.” Admin. R. at 13.

On December 26, 2007, when Da’Moni was four years old, plaintiff applied for SSI benefits on Da’Moni’s behalf. Admin. R. at 90 (Application Summary for Supplemental Security Income at 1). Plaintiff claimed that Da’Moni’s disability, categorized as “other disorders of gastrointestinal system,” Admin. R. at 57 (Disability Determination and Transmittal dated February 6, 2008), began on July 7, 2003. Admin. R. at 90.

In the months following the SSI application, Da’Moni continued to show improvement. Fizzeh Nelson-Desiderio, M.D., evaluated the case and determined that Da’Moni “has responded to surgery and [was] doing well.” Admin. R. at 257 (Childhood Disability Evaluation Form dated February 5, 2008 at 1). SSA denied the SSI application initially. See Admin. R. at 59-61 (Notice dated February 7, 2008). In relevant part, SSA’s notice stated:

The medical evidence shows although [Da’Moni] does have a problem with her liver there have been no complications following her surgery which would keep her from functioning. The medical evidence shows the surgery was successful and [she] is able to maintain adequate nutrition. There are no other impair- *153 merits which would keep [Da’Moni] from functioning satisfactorily.

Admin. R. at 59 (Notice dated February 7, 2008 at 1).

Following the denial of plaintiffs SSI application, Da’Moni’s condition remained stable. Specifically, on February 15, 2008, Dr. Mohan reported that Da’Moni’s liver function was normal and she exhibited neither jaundice nor anemia. Admin. R. at 324 (Clinic Letter dated February 15, 2008). She underwent an endoscopy on March 17, 2008, “to look for possible causes of abdominal pain such as gastritis and allergic colitis as well as to rule out presence of varices in the [gastrointestinal] tract.” Admin. R. at 332 (Operative Report). No sign of “active H. Pylori gastritis” or esophageal varices were observed. Admin. R. at 340 (Gastroenterology Clinic Letter dated October 3, 2008). The results of the endoscopy were “essentially normal.” Admin. R. at 350 (Gastroenterology Clinic Letter dated December 12, 2008). Da’Moni was described as “a bright young girl who was in good health” and who was “stable from the biliary atresia point of view,” even though she had “occasional abdominal pain which may be related to a nonspecific gastritis or reflux.” Admin. R. at 341. In December 2008, Da’Moni was showing “no signs of any liver decompensation.” Admin. R. at 350 (Gastroenterology Clinic Letter dated December 12, 2008). At that time Dr. Mohan believed that she would “remain stable without requiring a listing for a liver transplant for a very long time.” Admin. R. at 351.

Plaintiff sought reconsideration of the initial denial of the SSI application. Admin. R. at 65-67 (Notice of Reconsideration dated April 28, 2008). Esther Pinder, M.D., concurred with Dr. Nelson-Desiderio’s assessment, finding Da’Moni’s “condition stable.” Admin. R. at 317 (Childhood Disability Evaluation Form dated April 28, 2008 at 1). Dr. Pinder found that Da’Moni’s “biliary atresia has been treated [and] her condition [then was] not severe,” and she showed “no evidence of liver failure.” Admin. R. at 322 (Childhood Disability Evaluation Form dated April 28, 2008 at 6). Following an “independent ] review[ ] by a physician and disability specialist,” Admin. R. at 65 (Notice of Reconsideration dated April 28, 2008 at 1), SSA again found that Da’Moni was not eligible for SSI benefits. “The medical evidence show[ed] that despite the medical condition, [Da’moni was] being effectively treated,” and her condition did not “cause marked and severe functional limitations.” Admin. R. at 65-66 (Notice of Reconsideration dated April 28, 2008 at 1-2). Plaintiff requested a hearing before an Administrative Law Judge (“ALJ”). Admin. R. at 69 (Request for Hearing by Administrative Law Judge dated May 16, 2008).

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Bluebook (online)
806 F. Supp. 2d 151, 2011 U.S. Dist. LEXIS 96239, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ivey-v-social-security-administration-dcd-2011.