Sunday, November 27, 2005

SSI- child - medical evaluation, 42 USC 1382c (a)(3)(I)

Drake v. Barnhart

http://www.paed.uscourts.gov/documents/opinions/05D1393P.pdf

SSI claim of child with deafness in one ear and learning disabilities denied.

- The necessity for accommodations at school does not mean that a child has "marked" limitations.

- Treating physicians's opinion not given controlling weight because not supported by diagnostic testing.

- Failure to obtain medical evaluation - Section 1382c(a)(3)(I) of title 42 satisfied, under Acquiesence Ruling 04-01(9), when state agencvy consultant evaluates the case. The statute requires "an evaluation of each child's case, but nowhere does it mention a hearing-level analysis." The SSA Commissioner's interpretation of the statute "represents a reasonable contruction" under Chevron, 467 U.S. 837, 842-4 91984). "'State agency... psychological consultants...are highly qualified....experts in Social Security disability evaluation,'" and the psychologist in this case "based his assessment on a full review of Plaintiff's medical and scholastic records."

Donald Marritz
MidPenn Legal Services

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