Parks Ex Rel. D.P. v. Commissioner, Social Security Administration

783 F.3d 847, 2015 U.S. App. LEXIS 6469, 2015 WL 1774488
CourtCourt of Appeals for the Eleventh Circuit
DecidedApril 20, 2015
Docket14-12154
StatusPublished
Cited by117 cases

This text of 783 F.3d 847 (Parks Ex Rel. D.P. v. Commissioner, Social Security Administration) 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
Parks Ex Rel. D.P. v. Commissioner, Social Security Administration, 783 F.3d 847, 2015 U.S. App. LEXIS 6469, 2015 WL 1774488 (11th Cir. 2015).

Opinion

WILLIAM PRYOR, Circuit Judge:

This appeal presents two questions about Rachel Parks’s application for supplemental security income on behalf of her minor son, D.P.: (1) whether the administrative law judge’s denial of Parks’s application was supported by substantial evidence; and (2) whether the Social Security Appeals Council must make explicit findings of fact about new evidence that it adds to the record when it denies review. D.P. suffers from attention deficit hyperactivity disorder and borderline intellectual functioning. An administrative law judge denied Parks’s application because D.P. did not suffer from a condition that entitled him to supplemental security income. Parks filed a request for review with the Appeals Council, and she submitted new evidence of D.P.’s academic struggles. The Appeals Council supplemented the record with the new evidence, but denied review. Parks then filed a complaint in the district court, which affirmed the denial of her application. Because the administrative law judge’s decision was supported by substantial evidence and the Appeals Council was not required to make specific findings about Parks’s new evidence, we affirm.

I. BACKGROUND

In April 2010, Parks applied to the Social Security Administration for supplemental security income on behalf of her son, D.P., and alleged that he had suffered from a “learning disability, [attention deficit hyperactivity disorder], [and] verbal based intellectual deficits” since April 2008. The Administration denied the claim and denied it again on reconsideration. Parks requested a hearing before an administrative law judge.

At the hearing, Parks testified that D.P.’s speech “wasn’t clear enough” to understand and that D.P. could not understand “big” or “simple” words. D.P. would take “an hour to wash dishes” because he could not focus. He needed constant reminders to do his chores. But D.P. played video games and watched TV, and listened to music on the computer. He used to play football in an organized league.

Documentary evidence established that D.P. suffered from mental impairments. In April 2010, Matt Butryn, Ph.D., diagnosed D.P. with attention deficit hyperactive disorder, general and verbal-based intellectual deficits, and a learning disorder. In May 2010, Dr. Matt Baker, D.P.’s primary care physician, stated that D.P. improved after he was prescribed Concerta. But in October 2010, Butryn completed an evaluation form in which he concluded that D.P. had “marked” limitations in acquiring and using information, attending and corn *849 pleting tasks, interacting and relating with others, and caring for himself.

D.P.’s academic performance was weak in all areas. In January 2008, D.P. began an individualized education plan to combat a “Speech/Language Impairment.” D.P. met the minimum competency standard in only one of five subject areas on his 2009 Criterion-Referenced Competency Test. He again met only one minimum competency standard in 2010. His intelligence quotient was measured between 64 and 73. D.P. received testing accommodations.

But D.P. also progressed in some academic areas. According to his fifth grade mid-quarter progress report, D.P. was “[pjrogressing toward the standard” in all subjects except writing. He achieved minimum competency on two of five subjects in the spring of 2011. According to his 2010-2011 progress report for his individualized education plan, D.P. was making progress toward three goals and met the goal of solving a fifth-grade multi-step word problem. In May 2011, he was in general education with co-teaching or supportive instruction in four of five classes, with special education only for a class on study skills. He knew his multiplication facts and could multiply two and three-digit numbers. During his sixth grade year, his grades after nine weeks were 100 in family and consumer sciences, 100 in a special education math class, 93 in Earth science, 79 in a general math class, 70 in language arts, 64 in social studies, 87 in French, and 25 in agriscience.

In February 2011, Elias Clinton, D.P.’s special education teacher, completed a teacher questionnaire. According to Clinton, D.P. was in the fifth grade, but had attained only third grade reading and math proficiency, and a second grade writing level. Under the rubric of “acquiring and using information,” Clinton concluded that D.P. had “slight” to “obvious” problems in most areas, but a “serious” problem “[cjomprehending and doing math problems.” D.P. required “extensive support from adults during all academic activities.” D.P. also needed a “high degree of assistance maintain[in]g focus during instructional activities and completing homework/class assignments.”

Two agency consultants, William Gore, Ph.D., and Allen Carter, Ph.D., completed childhood disability evaluation forms. Gore explained that D.P. needed “much support,” especially in reading, and that he had below average verbal and non-verbal reasoning. Gore concluded that D.P. suffered from severe impairments, but the impairments did not rise to the level necessary to make D.P. eligible for supplemental security income. Carter came to similar conclusions. '

The administrative law judge denied Parks’s application. The administrative law judge found that D.P. suffered from attention deficit hyperactivity disorder and borderline intellectual functioning but that his impairments did not “functionally equalf ]” an impairment that would qualify D.P. for supplemental security income. In the domain of acquiring and using information, the administrative law judge found that D.P. had a “less than marked” limitation. The administrative law judge explained that D.P. played video games, watched television for hours each day, and that he had played organized sports in the past. D.P. also showed “progress through school.”

When Parks requested that the Appeals Council review the denial, she submitted two relevant documents as new evidence. First, Parks submitted a questionnaire completed by D.P.’s sixth grade mathematics and extended learning instructor, Kristin Spencer. According to Spencer, D.P. was in sixth grade, but performed at fourth grade levels in reading, math, and *850 writing, and he “need[ed] supplemental resources to help understand the curriculum.” Second, Parks submitted a questionnaire completed by Jennifer Wooten, one of his seventh grade teachers. According to Wooten, D.P. was in seventh grade, but reading at the level of second grader, doing math at the level of a fourth grader, and writing at the level of a third grader. Wooten explained that D.P. needed extensive support to accomplish anything academic.

The Appeals Council added Parks’s new evidence to the record and considered it, but the Appeals Council “found no reason under [its] rules to review the ... decision.” Parks then filed a complaint in the district court to reverse the denial of her claim. See 42 U.S.C. § 405(g). The district court affirmed the denial.

II. STANDARDS OF REVIEW

Two different standards of review govern this appeal. First, we “review the [Commissioner’s] decision with deference to the factual findings and close scrutiny of the legal conclusions.” Cornelius v. Sullivan,

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783 F.3d 847, 2015 U.S. App. LEXIS 6469, 2015 WL 1774488, Counsel Stack Legal Research, https://law.counselstack.com/opinion/parks-ex-rel-dp-v-commissioner-social-security-administration-ca11-2015.