Sunday, November 27, 2005

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

Drake v. Barnhart

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

SSI - child - obesity - sleep apnea

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

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