Muhammad v. Commissioner of Social Security

395 F. App'x 593
CourtCourt of Appeals for the Eleventh Circuit
DecidedSeptember 8, 2010
Docket10-10428
StatusUnpublished
Cited by4 cases

This text of 395 F. App'x 593 (Muhammad v. Commissioner of Social Security) is published on Counsel Stack Legal Research, covering Court of Appeals for the Eleventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Muhammad v. Commissioner of Social Security, 395 F. App'x 593 (11th Cir. 2010).

Opinion

PER CURIAM:

Alice Muhammad, on behalf of her minor son, T.I.M., appeals from the district *594 court’s order affirming the Social Security Commissioner’s (“Commissioner”) denial of TJ.M.’s application for disability insurance benefits, pursuant to 42 U.S.C. § 405(g). Muhammad argues that the district court erred in affirming the Commissioner’s decision, because: (1) substantial evidence did not support the Administrative Law Judge’s (“ALJ”) decision not to accord substantial weight to the opinions of Dr. Alaa Elrefai, T.I.M.’s treating psychiatrist; and (2) substantial evidence did not support the ALJ’s determination that T.I.M’s impairments did not functionally equal an impairment listed in 20 C.F.R. § 404, Subpart P, appendix I, and that T.I.M. thus was not disabled.

For the reasons set forth below, we affirm.

I.

In November 2006, Muhammad filed an application for disability benefits on behalf of her six-year-old child, T.I.M. Muhammad identified T.I.M.’s disabling condition as ADHD. The Commissioner denied the application, and Muhammad requested a hearing before an ALJ.

The ALJ conducted a hearing in October 2008. During the hearing, Muhammad testified that T.I.M. had attended the first grade, and currently was in the second grade, at Epic Elementary School (“Epic”). Muhammad explained that T.I.M.’s school performance had improved during the second grade because he was enrolled in special education classes. As a special-education student, T.I.M. received individualized attention from two or three teachers, and participated in a modified curriculum with a reduced workload. T.I.M. recently had received three A’s and two B’s in his report card. Muhammad explained that T.I.M.’s behavior during the second grade had varied, and that he had “ups and downs,” but that T.I.M.’s behavior was “better” than it had been during the previous academic year.

Muhammad further testified that the individualized attention in the special education program had improved T.I.M.’s ability to stay “on task” in the classroom. Muhammad helped T.I.M. with his homework, and had noticed that T.I.M. had difficulty retaining or recalling information that he recently had reviewed. T.I.M. would not complete his homework if Muhammad left him by himself, and, as a result, she had to sit with him until he completed his homework. T.I.M. saw Dr. Elrefai, who worked at Western Mental Health Center (“Western”), twice a year, and saw counselors at Western once every one to two months.

The evidence reflected that, in November 2006, Muhammad completed a function report, in which she reported that T.I.M. did not experience any limitation in his ability to communicate with others (ie., having a conversation, telling a story, and using complete sentences). She reported that T.I.M.’s impairment limited his ability to understand and use information that he had learned, but that T.I.M. was able to recite numbers, define common words, ask for the meaning of a word, and understand a joke. Muhammad also reported that T.I.M.’s impairment affected his behavior with others. She also stated, however, that T.I.M. was “loving,” showed affection toward others, enjoyed being with other children his age, and enjoyed playing board games and games such as tag, hide- and-seek, and “pretend” games. Muhammad explained that, although T.I.M. was “very smart,” it was difficult for him to focus, and his attention span endured for only a minute.

The record also included a teacher questionnaire, which Votura Mack, T.I.M.’s kindergarten teacher at South Hampton *595 Elementary School (“South Hampton”) completed in January 2007. Responding to questions concerning T.I.M.’s ability to acquire and use information, Mack reported that T.I.M. had “no problem” with comprehending oral instructions, understanding vocabulary, completing math problems, understanding and participating in class discussions, learning new material, recalling material that he previously had learned, and applying problem-solving skills in class discussions. T.I.M. had a “slight problem” with reading and comprehending written material, providing organized oral explanations and adequate descriptions, and expressing ideas in written form.

Responding to questions regarding T.I.M.’s ability to attend and complete tasks, Mack reported that T.I.M. had no problem with carrying out single-step instructions, or completing his work without making careless mistakes. He had a slight problem with paying attention when spoken to directly, sustaining attention during play or sports activities, and carrying out multi-step instructions. Mack further reported that T.I.M. had “an obvious problem” with maintaining focus while changing from one activity to another, and working at a reasonable pace. T.I.M. had a “serious problem” with maintaining the focus necessary to finish an assigned task, completing schoolwork and homework, and working without distracting himself or others.

In the evaluation, Mack also answered questions concerning T.I.M.’s ability to interact with and relate to others. Mack reported that T.I.M. had no problem with playing cooperatively with other children, making and keeping friends, seeking attention appropriately, relating experiences and telling stories, interpreting facial expressions and body language, and using adequate vocabulary and grammar in everyday conversation. T.I.M. had a slight problem with respecting and obeying adults in authority. T.I.M. had an obvious problem with expressing anger appropriately, handling frustration, asking for permission in an appropriate manner, and using language appropriate to the situation and the listener. Mack specified that T.I.M. sometimes kicked and cursed when asked to perform a task, and that, while he was able to work independently, he wasted time by not staying on task.

In a separate form addressing T.I.M.’s behavior at school, Mack reported that, between August and November 2006, T.I.M. “constantly” left his seat and moved from desk to desk. T.I.M. called Mack names once a week, and had kicked her. Mack also reported that, as of May 2007, T.I.M.’s behavior had “definitely]” improved, and that he had a “bad week” only once a month. T.I.M.’s kindergarten report card showed that he received grades of “excellent” or “satisfactory” in all categories.

In a report entitled “Individualized Education Program,” (“IEP”), which was completed after T.I.M. finished the first grade, Epic staff reported that, during the first grade, T.I.M. had received several disciplinary write-ups. He displayed aggression toward others by kicking his teacher and engaging in frequent name-calling. He frequently left his seat in the classroom, used “ugly” language toward peers and his teacher, and had difficulty staying on task. During this school year, T.I.M. received an average grade of “F” in language arts, a “D” in reading, and a “D” in math. He received an average grade of “A” in music, physical education, science, and social studies. At the end of the first grade, T.I.M. could read only a few words, and experienced difficulty with math and written work, despite the fact that he had received the assistance of a tutor. Stan *596

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