Matos v. Commissioner of Social Security

320 F. Supp. 2d 613, 2004 U.S. Dist. LEXIS 11316, 2004 WL 1246002
CourtDistrict Court, N.D. Ohio
DecidedMarch 2, 2004
Docket1:01 CV 2770
StatusPublished
Cited by1 cases

This text of 320 F. Supp. 2d 613 (Matos v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering District Court, N.D. Ohio primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matos v. Commissioner of Social Security, 320 F. Supp. 2d 613, 2004 U.S. Dist. LEXIS 11316, 2004 WL 1246002 (N.D. Ohio 2004).

Opinion

MEMORANDUM OPINION AND ORDER

BAUGHMAN, United States Magistrate Judge.

Introduction

This is an action for judicial review of the final decision of the Commissioner of Social Security denying the application of the plaintiff, Kristephor E. Matos, for children’s supplemental security income. The parties have consented to the jurisdiction of the Magistrate Judge.

The Administrative Law Judge (“ALJ”), whose decision became the final decision of the Commissioner, found that Matos had severe impairments consisting of aphokic glaucoma and status post bilateral lensec-tomy for cataracts. 1 The ALJ determined, however, that Matos did not have an impairment or combination of impairments that met, equaled, or functionally equaled any impairment listed in Appendix l. 2 He concluded, therefore, that Matos was not under a disability. 3

Matos has challenged the decision of the Commissioner on the ground that substantial evidence in the record does not support the ALJ’s finding that his impairments did not functionally equal the requirements of a listing.

The Court concludes that the ALJ’s finding on functional equivalency does not have the support of substantial evidence in the administrative record. The decision of the Commissioner to deny children’s sup *615 plemental security income must, therefore, be reversed and the case remanded for further proceedings.

Analysis

1. Functional equivalency for children’s supplemental security income claims

Functional equivalency to a listing for purposes of a child’s claim for supplemental security income is governed by 20 C.F.R. § 416.926a. Under the regulation, for a child between 6 and 12 years of age, the inquiry is whether the impairment imposes an extreme- or marked limitation in connection with six domains — acquiring and using information, attending and completing tasks, interacting and relating with others, moving about and manipulating objects, caring for one’s self, and health and physical well-being. 4 If a claimant has an extreme limitation in one of these domains or a marked limitation in two domains, he or she is considered functionally equivalent to a listing and, therefore, disabled. 5

The regulations provide that the Commissioner will consider as evidence of limitations and restrictions the assessments of treating and other medical sources, information from parents and teachers, and assessments made after consultative examinations. 6 The regulations also contain guidelines for determining the extent of a claimant’s limitation within each of the domains. Those guidelines will be discussed below as they relate to this case.

2. Substantial evidence does not support the ALJ’s finding that Matos’s impairments are not functionally equivalent to a listing.

A. Introduction

At the time of the ALJ’s decision, Matos was 10 years old. 7 For purposes of the applicable regulations, therefore, Matos fell within the category of school-aged child age 6 to attainment of age 12.

The ALJ found that Matos had a marked limitation in the “moving about and manipulating objects” domain. 8 He found no limitation in the “caring for oneself’ domain. 9 In the other four domains, he found Matos’s limitations less than marked. 10

Matos challenges the findings with respect to two of the domains — attending to and completing tasks and interacting and relating with others. He argues that substantial evidence in the record supports at least a marked limitation in each of these domains.

As a general observation, this is a difficult case because the evidence supports two very different portraits of this child. On one hand, two consulting professionals — Jung K. Lee, Ph.D., a clinical psychologist, and Donald S. Leventhal, Ph.D., also a psychologist — concluded that Matos had no serious impairment. 11 On the other hand, a number of reports prepared by Matos’s teachers detail significant problems with task completion and relationships with others. 12

In the usual case, where the record contains substantial evidence supporting the ALJ’s findings but also contains substantial evidence rebutting those findings, the Court must affirm the decision of the Commissioner. 13 In this case, however, *616 the proper decision is made difficult by the ALJ’s failure to fully discuss the highly relevant evidence and to clearly identify what weight he gave to the conflicting evidence. Although the conclusions produced by a consultative examination are certainly probative, they necessarily represent a limited evaluation of how a claimant functions in the real world given the short duration of the evaluation and the isolated context in which it is conducted. The observations of those who interact on a day-to-day basis with the claimant, particularly in the educational setting, necessarily provide valuable insight into the claimant’s capabilities and limitations.

Where, as here, the consultative examiners and the educational professionals provide contrary evidence, it is incumbent, given the nature of the inquiry required by the regulations, that the ALJ discuss the evidence in some detail and articulate how he has resolved the conflicts. As explained below, the ALJ in this case failed to provide adequate articulation in support of his findings in light of the evidence in the record.

B. The “attending to and completing tasks” domain

The ALJ found that Matos had a less than marked limitation in the “attending to and completing tasks” domain. 14 In making this finding, the ALJ noted that “[several of his teachers have indicated that his attention span is shorter than average and that he will often not complete school assignments without close supervision.” 15 He determined that this evidence was not conclusive because “there is no evidence that he has difficulty initiating, sustaining and completing activities that he enjoys, such as biking, roller blading and playing video games.” 16

The ALJ does not specifically discuss the assessments of the two consulting psychologists. Nor does he state what weight he gave to those assessments. Nevertheless, both psychologists make comments relating to this domain. Dr.

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Bluebook (online)
320 F. Supp. 2d 613, 2004 U.S. Dist. LEXIS 11316, 2004 WL 1246002, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matos-v-commissioner-of-social-security-ohnd-2004.