Shellie Jean Franklin, on behalf of her grandson, QLS, a minor v. Frank Bisignano, Commissioner, Social Security Administration

District Court, E.D. Arkansas·Decided July 15, 2026·No. 2:25-cv-00080·Unknown

Opinion

IN THE UNITED STATES DISTRICT COURT EASTERN DISTRICT OF ARKANSAS DELTA DIVISION

SHELLIE JEAN FRANKLIN, on behalf of her grandson, QLS, a minor PLAINTIFF

V. Case No. 2:25-CV-00080-KGB-BBM

FRANK BISIGNANO,1 Commissioner, Social Security Administration DEFENDANT

RECOMMENDED DISPOSITION

This Recommended Disposition (“Recommendation”) has been sent to Chief United States District Judge Kristine G. Baker. Either party may file written objections to this Recommendation. Those objections should be specific and should include the factual or legal basis for the objection. To be considered, objections must be received in the office of the Court Clerk within 14 days of this Recommendation. If no objections are filed, Chief Judge Baker can adopt this Recommendation without independently reviewing the record. By not objecting, parties may waive the right to appeal questions of fact. I. INTRODUCTION

On February 1, 2009, the Social Security Administration (“SSA”) found Q.L.S., the minor claimant, disabled and awarded him supplemental security income disability benefits. (Tr. at 15, 173). On March 6, 2018, the SSA reviewed and continued the claimant’s disability. (Tr. at 18, 173). At a subsequent review on September 17, 2021, the

1 On May 7, 2025, Frank Bisignano was sworn in as Commissioner of the Social Security Administration, and pursuant to Federal Rule of Civil Procedure 25(d), he is automatically substituted as the Defendant. SSA determined that Q.L.S., who was then twelve years old, had improved and was no longer disabled as of September 1, 2021. (Tr. at 15, 146). The discontinuation of benefits was upheld on reconsideration. (Tr. at 15). Thereafter, Q.L.S.’s grandmother, Shellie

Franklin, requested a hearing before an Administrative Law Judge (“ALJ”). Id. At the hearing on February 7, 2023, Franklin and Q.L.S. appeared pro se. (Tr. at 96, 98–99). The ALJ issued a decision on February 28, 2024, affirming that Q.L.S.’s disability ended on September 1, 2021. (Tr. at 27). Franklin requested review, and she supplied additional school and medical records to the Appeals Council. (Tr. at 33–95). On December 13, 2024,

the Appeals Council found that the additional evidence did not show a reasonable probability of changing the outcome of the decision and denied review, making the ALJ’s decision the final decision of the Commissioner. (Tr. at 5–6). For the reasons set forth below, the Court recommends that the decision of the Commissioner be affirmed.

II. THE COMMISSIONER’S DECISION

If a child is found eligible for disability benefits, the child’s continued eligibility must be reviewed periodically. 20 C.F.R. § 416.994a(a). The ALJ uses a three-part sequential analysis for evaluating continued disability. Id. First, the ALJ must determine whether there has been any “medical improvement” in the child’s condition since the Comparison Point Decision (“CPD”), which is the most recent favorable decision regarding benefits. Id. § 416.994a(b)(1). If there has been no medical improvement, the ALJ must find that disability continues, unless a specific exception delineated in the applicable regulations applies. See id. § 416.994a(b)(1), (e)–(f). If there has been medical improvement, the ALJ proceeds to the second step and considers whether the impairment or impairments previously identified at the CPD still meet or equal the severity of the listed impairment they met or equaled at the time of the

CPD. 20 C.F.R. § 416.994a(b)(2). If so, the ALJ must find that disability continues; if not, the ALJ proceeds to the third, final step. In the final step, the ALJ determines whether the child is currently disabled, considering all impairments the child now has, including any that the child did not have at the time of the CPD, or that were not considered at that time. 20 C.F.R. § 146.994a(b)(3).

Determining current disability requires its own additional three-step analysis. First, the ALJ determines whether the child currently has a severe impairment or combination of impairments. Id. § 416.994a(b)(3). A medically-determinable impairment or combination of impairments is severe unless it is “a slight abnormality or a combination of slight abnormalities that causes no more than minimal functional limitations.” Id. § 416.924(c).

If the child has a severe impairment or combination of impairments, the ALJ proceeds to the second step of the additional analysis—the ALJ determines whether the child’s impairment or combination of impairments meets or medically equals the severity of any impairment listed in 20 CFR Part 404, subpart P, Appendix 1. Id. § 416.994a(b)(3). If so, the ALJ must find that disability continues. If not, the ALJ proceeds to the last step—

whether the child’s impairment or combination of impairments functionally equals a listed impairment. Id. § 416.994a(b)(3). If so, the ALJ must find that disability continues. Here, the ALJ found that the most recent favorable medical decision was on March 6, 2018. (Tr. at 18). At that time, Q.L.S. had two medically-determinable impairments: learning disorder and attention deficit hyperactivity disorder (“ADHD”). Id. The ALJ found that Q.L.S.’s impairments had medically improved as of September 1, 2021. Id. The ALJ then determined that Q.L.S.’s impairments no longer met or medically equaled Listing

112.11.2 (Tr. at 19). Next, the ALJ found that Q.L.S. had not developed any additional impairments since the CPD. Id. Finally, the ALJ evaluated functional equivalency, finding that Q.L.S. had marked limitation in only one domain—acquiring and using information. (Tr. at 22). The ALJ therefore concluded that Q.L.S.’s impairments had not met, medically equaled, or functionally equaled a listed impairment since September 1, 2021, effectively

ending his disability. (Tr. at 26–27). III. DISCUSSION

A. Standard of Review

“In reviewing the ALJ’s decision,” the Court “examine[s] whether it is supported by substantial evidence on the record as a whole and whether the ALJ made any legal errors.” Miller v. Colvin, 784 F.3d 472, 477 (8th Cir. 2015); see also 42 U.S.C. § 405(g). “Substantial evidence is that which a ‘reasonable mind might accept as adequate to support a conclusion,’ whereas substantial evidence on the record as a whole entails ‘a more scrutinizing analysis.’” Reed v. Barnhart, 399 F.3d 917, 920 (8th Cir. 2005) (citations omitted). “Our review ‘is more than an examination of the record for the existence of

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Shellie Jean Franklin, on behalf of her grandson, QLS, a minor v. Frank Bisignano, Commissioner, Social Security Administration, (E.D. Ark. 2026).

Shellie Jean Franklin, on behalf of her grandson, QLS, a minor v. Frank Bisignano, Commissioner, Social Security Administration (Shellie Jean Franklin, on behalf of her grandson, QLS, a minor v. Frank Bisignano, Commissioner, Social Security Administration) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

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