Stinson ex rel. Stinson v. Shalala

859 F. Supp. 539, 1994 U.S. Dist. LEXIS 15933, 1993 WL 724737
CourtDistrict Court, M.D. Alabama
DecidedMarch 30, 1994
DocketCiv. A. No. 93-A-733-N
StatusPublished

This text of 859 F. Supp. 539 (Stinson ex rel. Stinson v. Shalala) is published on Counsel Stack Legal Research, covering District Court, M.D. Alabama primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Stinson ex rel. Stinson v. Shalala, 859 F. Supp. 539, 1994 U.S. Dist. LEXIS 15933, 1993 WL 724737 (M.D. Ala. 1994).

Opinion

[540]*540ORDER

ALBRITTON, District Judge.

Upon an independent evaluation of this matter and upon the Recommendation of the Magistrate Judge, which recommendation is hereby adopted, it is the

ORDER, JUDGMENT and DECREE of the court that the decision of the Secretary be and is hereby remanded to the Secretary for further proceedings consistent with the Recommendation of the Magistrate Judge.

Done this 29th day of March, 1994.

RECOMMENDATION OF THE MAGISTRATE JUDGE

COODY, United States Magistrate Judge.

Barbara Stinson brings this action on behalf of her minor daughter, Marquita Stin-son, pursuant to 42 U.S.C. § 405(g) seeking judicial review of a decision by the Secretary of Health and Human Services denying Supplemental Security Income under the Social Security Act. Upon review of the record and the briefs submitted by the parties, the court concludes that the case must be remanded to the Secretary for further proceedings consistent with this recommendation.

FACTS

Marquita Stinson, age seven, is described by her teachers as a quiet, stubborn child who frequently stutters and “can’t get her words out correctly.” Record 167-170. Her mother, Barbara Stinson, filed an application for Supplemental Security Income on behalf of Marquita on September 29,1989. Following a September 1992 hearing, an administrative law judge denied Ms. Stinson’s application. The ALJ found that Marquita suffers from “a speech problem, asthma, complaints of headaches, enuresis, and attention-deficit hyperactivity disorder,” but that she suffers from no impairment or combination of impairments meeting or equaling the Secretary’s Listing of Impairments for children. Record 10. See 20 C.F.R. § 416.924; 20 C.F.R. Part 404, Subpart P, Appendix 1. The ALJ further found that Marquita suffers from no impairment or combination of impairments which would disable an adult. Record 11. According to the ALJ, Marquita is not functioning at a marked level in any domain1 and is not functioning at the moderate level in three domains. Record 10. The ALJ concluded that Marquita’s impairments do not render her disabled under the Social Security Act.

Ms. Stinson appealed the ALJ’s decision to the Social Security Administration’s Appeals Council, but the Council denied her request for review. She then filed this lawsuit seeking judicial review of the Secretary’s adverse decision.

STANDARD OF REVIEW

The standard of review of the Secretary’s decision is a limited one. This court must find the Secretary’s decision conclusive if it is supported by substantial evidence. Bridges v. Bowen, 815 F.2d 622 (11th Cir.1987).

Despite this limited review, [the court] ... must scrutinize the record in its entirety to determine the reasonableness of the Secretary’s factual findings ... No similar presumption of validity attaches to the Secretary’s legal conclusions, including determination of the proper standards to be applied in evaluating claims.

Walker v. Bowen, 826 F.2d 996, 999 (11th Cir.1987).

A reviewing court may not look only to those parts of the record which support the decision of the administrative law judge (ALJ) but instead must view the record in its [541]*541entirety and take account of evidence that detracts from the evidence relied on by the ALJ. Hillsman v. Bowen, 804 F.2d 1179 (11th Cir.1986). The decision of the ALJ need not be supported by a preponderance of the evidence, but it cannot stand with a “mere scintilla” of support. Id. at 1181.

DISCUSSION

The plaintiff challenges the Secretary’s adverse decision on four grounds: (1) the Secretary inadequately analyzed and discussed key issues so that the court cannot exercise proper judicial review of the findings; (2) the ALJ failed to make a detailed individual functional assessment of the plaintiffs abilities; (3) the ALJ failed to give appropriate weight to the opinions of the plaintiffs treating sources, if any; and (4) the case should be remanded to the Secretary for consideration of the plaintiffs claim under the children’s disability regulations as amended retroactively in September 1993.

MEDICAL EQUIVALENCE

The plaintiff contends that the ALJ erred in failing to consider whether Marquita’s impairments are medically equivalent to Section 111.09A of the Secretary’s Listing of Impairments for children. See generally, 20 C.F.R. § 416.926a. The Secretary’s regulations provide, in pertinent part, that

If you are a child and you do not have an impairment that meets the requirements of a listing, we will determine whether you have an impairment or combination of impairments that is equivalent in severity to any listed impairment ... [w]e will compare the symptoms, signs, and laboratory findings about your impairment(s), including, where appropriate, any functional limitations that result from your medically determinable impairment(s), with the corresponding criteria shown for any listed impairment. When we make an equivalence decision, we will consider all relevant evidence in your case record •... If the findings associated with your impairment(s) are at least of equal medical significance to those of a listed impairment, we will find that your impairment(s) is equivalent to the analogous listing ... For cases at the Administrative Law Judge or Appeals Council level, the responsibility for deciding equivalence rests with the Administrative Law Judge or Appeals Council. 20 C.F.R. § 416.926a(a)-(c).

Additionally, the Eleventh Circuit holds that when an ALJ is considering medical equivalence under § 416.926a, he must consider the medical opinion of one or more designated physicians on an advisory basis. Wilkinson v. Bowen, 847 F.2d 660, 663 (11th Cir.1987).

The plaintiff contends that Marquita’s speech impairments are medically equal to Section 111.09A of the Secretary’s Listing of Impairments for children. Under section 111.09A, a child is disabled if she meets the following criteria:

§ 111.09A. Communication impairment, associated with documented neurological disorder. And one of the following:
A. Documented speech deficit which significantly affects the clarity and content of the speech; or
B. Documented comprehension deficit resulting in ineffective verbal communication for age ...

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859 F. Supp. 539, 1994 U.S. Dist. LEXIS 15933, 1993 WL 724737, Counsel Stack Legal Research, https://law.counselstack.com/opinion/stinson-ex-rel-stinson-v-shalala-almd-1994.