Sunday, November 27, 2005

SSI - child - obesity - sleep apnea

Williams v. Barnhart - ED Pa. - November 21, 2005

http://www.paed.uscourts.gov/documents/opinions/05D1414P.pdf

Claim for benefits denied for 17 y/o child with obstructive sleep apnea and obesity. Child had never been hospitalized and had received medical treatment "only for minor conditions such as allergies and dermatitis." Child's IQ scores were all in the mid-70s range, which is above the disability listing level. Opinion by an MSN not given controlling weight, because not issued by an "acceptable medical source" under 20 CFR 416,.913(a) (licensed physician, licensed/certified psychologisits, licensed optomentrists, licensed podiatrists, qualified speech-language pathologists."

Donald Marritz, staff attorney
MidPenn Legal Services

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