Ladd v. Commissioner of Social Security

CourtDistrict Court, N.D. Indiana
DecidedOctober 18, 2024
Docket1:24-cv-00014
StatusUnknown

This text of Ladd v. Commissioner of Social Security (Ladd v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Indiana primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Ladd v. Commissioner of Social Security, (N.D. Ind. 2024).

Opinion

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF INDIANA FORT WAYNE DIVISION MAYILAYA G. LADD, ) ) Plaintiff, ) ) v. ) CAUSE NO. 1:24-cv-00014-SLC ) COMMISSIONER OF SOCIAL ) SECURITY, sued as Martin O’Malley, ) ) Defendant. ) OPINION AND ORDER Plaintiff Mayilaya Ladd appeals to the district court from a final decision of the Commissioner of Social Security (“Commissioner”) denying her application under the Social Security Act (the “Act”) for child’s Supplemental Security Income (“SSI”). (ECF 1).1 For the following reasons, the Commissioner’s decision will be AFFIRMED. I. FACTUAL AND PROCEDURAL HISTORY Ladd’s mother applied for child’s SSI on Ladd’s behalf in January 2022, alleging disability as of May 3, 2019, which was subsequently amended to January 16, 2022. (ECF 7 Administrative Record (“AR”) 70, 2282).3 This was Ladd’s third application for child’s SSI; her mother had previously filed two applications on Ladd’s behalf, which were denied on May 15, 2019, and November 24, 2021, and not appealed to federal court. (AR 14). 1 The parties consented to the exercise of jurisdiction by a United States Magistrate Judge. (ECF 13, 14). 2 The AR page numbers cited herein correspond to the ECF-generated page numbers displayed at the top center of the screen when the AR is open in ECF, rather than the page numbers printed in the lower right corner of each page. 3 Ladd was an adolescent at the time of her SSI application and the ALJ’s decision, but she was an adult by the time she filed this appeal. (See AR 15, 228). Ladd’s January 2022 application was denied initially and upon reconsideration. (AR 118, 131). In May 2023, administrative law judge (“ALJ”) Terry Miller conducted an administrative hearing, at which Ladd, who was represented by Tara Budd of Forbes Disability Group, LLC (AR 192-95), and Ladd’s mother testified. (AR 39-76). On June 29, 2023, the ALJ rendered an

unfavorable decision to Ladd, concluding that Ladd was not disabled because she did not meet a listing or functionally equal a listing by having either “marked” limitations in two domains of childhood functioning or an “extreme” limitation in one domain of childhood functioning. (AR 14-26). The Appeals Council denied Ladd’s request for review (AR 5-9), at which point the ALJ’s decision became the final decision of the Commissioner. See 20 C.F.R. § 416.1481. On January 11, 2024, Ladd filed a complaint in this Court appealing the Commissioner’s final decision. (ECF 1). In her opening brief, Ladd argues that: (1) the ALJ’s finding that Ladd has less-than-marked limitations in the domain of acquiring and using information is not supported by substantial evidence; and (2) the ALJ’s finding that Ladd has less-than-marked

limitations in the domain of caring for self is not supported by substantial evidence. (ECF 16 at 8-18). Ladd was sixteen years old when the SSI application was filed in January 2022 and seventeen years old when the ALJ issued his decision. (See AR 11, 228). Ladd represented in her SSI application that she was disabled due to “Oppositional Defiant Disorder[,] hostility[,] disobedient[,] defiant behavior[,] anger issues[, and] irritable moods[.]” (AR 244). At school, Ladd had an individualized education plan (IEP). (AR 302-15). II. STANDARD OF REVIEW

Section 405(g) of the Act grants this Court the “power to enter, upon the pleadings and

2 transcript of the record, a judgment affirming, modifying, or reversing the decision of the Commissioner . . . , with or without remanding the cause for a rehearing.” 42 U.S.C. § 405(g). The Court’s task is limited to determining whether the ALJ’s factual findings are supported by substantial evidence, which means “such relevant evidence as a reasonable mind might accept as

adequate to support a conclusion.” Schmidt v. Barnhart, 395 F.3d 737, 744 (7th Cir. 2005) (citation and quotation marks omitted). The decision will be reversed “only if [it is] not supported by substantial evidence or if the Commissioner applied an erroneous legal standard.” Clifford v. Apfel, 227 F.3d 863, 869 (7th Cir. 2000) (citation omitted). To determine if substantial evidence exists, the Court “review[s] the entire administrative record, but do[es] not reweigh the evidence, resolve conflicts, decide questions of credibility, or substitute [its] own judgment for that of the Commissioner.” Id. (citations omitted). “Rather, if the findings of the Commissioner . . . are supported by substantial evidence, they are conclusive.” Jens v. Barnhart, 347 F.3d 209, 212 (7th Cir. 2003) (citation omitted). “In other

words, so long as, in light of all the evidence, reasonable minds could differ concerning whether [the claimant] is disabled, we must affirm the ALJ’s decision denying benefits.” Books v. Chater, 91 F.3d 972, 978 (7th Cir. 1996). III. ANALYSIS A. The Law Under the Act, a claimant under the age of eighteen must establish that the claimant “has a medically determinable physical or mental impairment, which results in marked and severe 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. § 1382c(a)(3)(C).

3 A physical or mental impairment is “an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques.” Id. § 1382c(a)(3)(D). The Commissioner evaluates disability claims for children pursuant to a three-step

evaluation process, requiring consideration of the following issues, in sequence: “(1) is the child engaged in substantial gainful activity? (2) does the child have a medically determinable impairment that is severe? and, (3) do these impairments meet, medically equal, or . . . functionally equal one of a list of severe impairments set forth in the Listings [20 C.F.R. Part 416, Subpart P, Appendix 1]?” Edwards ex rel. L.T. v. Colvin, No. 12 C 7539, 2013 WL 3934228, at *1 (N.D. Ill. July 30, 2013) (citing 20 C.F.R. §§ 416.924(b)-(d)); see also Keys v. Barnhart, 347 F.3d 990, 994 (7th Cir. 2003); Mara S. ex rel. C.S. v. Kijakazi, No. 19-cv-8015, 2022 WL 4329033, at *1 (N.D. Ill. Sept. 19, 2022). An affirmative answer at step one, or a negative answer at steps two or three, ends the inquiry and leads to a determination that the child

is not disabled. See Mara S. ex rel. C.S., 2022 WL 4329033, at *1; see also Edwards ex rel. L.T., 2013 WL 3934228, at *1. The question of whether the child’s impairment “functionally equals” a listing is unique to child disability claims. Edwards ex rel. L.T., 2013 WL 3934228, at *1 (quotation marks omitted).

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Ladd v. Commissioner of Social Security, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ladd-v-commissioner-of-social-security-innd-2024.