Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

W. H. R. v. Berryhill

United States District Court, S.D. Indiana, Indianapolis Division

February 14, 2017

W. H. R., IV, a minor, by his mother NASHIMBE AD. BROWN, Plaintiff,
v.
NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.

          ENTRY ON JUDICIAL REVIEW

          TANYA WALTON PRATT, JUDGE.

         Claimant W.H.R., IV ("W.H.R"), a minor, by his mother Nashimbe A.D. Brown ("Ms. Brown"), requests judicial review of the final decision of the Commissioner of the Social Security Administration ("the Commissioner"), denying his application for Supplemental Security Income ("SSI") under Title XVI of the Social Security Act ("the Act"). See 42 U.S.C. § 1382. For the reasons below, the Court REMANDS the decision of the Commissioner for further consideration.

         I. BACKGROUND

         A. Procedural History

         W.H.R., by and through his mother, filed an application for SSI on December 10, 2012, when he was ten years old, alleging a disability onset date of November 27, 2002. (Filing No. 13-2 at 15.) The claim was denied initially and on reconsideration. (Filing No. 13-3.) W.H.R. requested a hearing which was held on October 9, 2014 in front of Administrative Law Judge D. Lyndell Pickett ("the ALT). (Filing No. 13-2 at 34.) On November 14, 2014, the ALJ determined that the claimant is not disabled as defined by the Act. (Filing No. 13-2 at 25.) The Appeals Council denied W.H.R.'s request for review, making the ALJ's decision the final decision of the Commissioner for purposes of judicial review. (Filing No. 13-2 at 2.) Ms. Brown filed this complaint pursuant to 42 U.S.C. § 405.

         B. Factual History

         W.H.R. was born in 2002. At the time of his alleged disability onset date, he was ten years old. Ms. Brown reported that W.H.R. was diagnosed with Attention Deficit Hyperactivity Disorder ("ADHD") in kindergarten and that he has struggled with performance and behavioral issues at school. (Filing No. 13-7at2-3.) She described his behavior at home as problematic- for example, he fights with his siblings and does his chores only with repeated prompting. (Filing No. 13-2 at 38-42.) W.H.R. is under the care of a treating physician, Dr. Chrystal Anderson, who prescribed him the medication Concerta for treatment of his ADHD. (Filing No. 13-7 at 78.) Her treatment notes indicate that while on the medication, W.H.R's behavior, hyperactivity, inattentiveness, impulsivity, learning and socializing improve. (Filing No. 13-7 at 36-38.)

         On March 14, 2012, Dr. Paul Deardorff ("Dr. Deardorff') conducted an evaluation of W.H.R. (Filing No. 13-7 at 12.) Dr. Deardorff administered the Wechsler Intelligence Scale for Children - Fourth Edition. (Filing No. 13-7 at 16.) Dr. Deardorff assessed a full scale IQ of 69, "indicating that he is currently functioning in the mildly retarded range of intelligence or at about the 2nd percentile for his age group." (Filing No. 13-7 at 16.) Dr. Deardorff concluded that "[t]est data suggests that he is mildly mentally retarded but his easy distractibility very likely interfered with his performance on this measure as he appears to be of borderline to low-average intelligence." (Filing No. 13-7 at 17.)

         An Individual Education Program ("IEP") report dated November 29, 2012 stated that W.H.R.'s performance on the cognitive assessment "ranged from mildly delayed to average range. Furthermore, his adaptive skills were rated to be within the average range while in the school setting. Therefore, [W.H.R.] does not exhibit a profile consistent of a student with a Cognitive Disability." (Filing No. 13-7 at 22.) The report further concluded that W.H.R.'s "educational difficulties are more consistent with those of a student with an 'Other Health Impairment' based on his medical diagnosis of ADHD; low academic grades; behavioral data; and classroom observation of his on/off task behaviors." (FilingNo. 13-7 at22.)

         On March 1, 2013, W.H.R. was examined by psychologist Kimberly Moran, Psy.D. ("Dr. Moran"). (Filing No. 13-7 at 2.) Dr. Moran concluded that W.H.R. appeared to be of below average intelligence, based on his ability to comprehend questions, his speech, and his grammar. (Filing No. 13-7 at 4.) Based on her examination, Dr. Moran diagnosed W.H.R. with ADHD, combined type; disruptive behavior disorder, NOS; and borderline intellectual functioning. (Filing No. 13-7 at 6.)

         On March 25, 2013, state agency reviewing psychologist Dr. William Shipley reviewed W.H.R.'s medical records and opined that W.H.R. had the following limitations: less than marked limitation in acquiring and using information; less than marked limitation in attending and completing tasks; marked limitation in interacting and relating with others; no limitation in moving about and manipulation of objects; less than marked limitation in caring for himself; and no limitation in health and physical well-being. (Filing No. 13-3 at 19-20.) Dr. Shipley concluded that W.H.R. did not meet, medically equal, or functionally equal Listings 112.11 (ADHD) or 112.02 (Organic Mental Disorders).

         On May 7, 2013, state agency reviewing psychologist Dr. Joseph Pressner reviewed W.H.R.'s medical records. (Filing No. 13-3 at 11.) He concluded that W.H.R. had the following limitations: marked limitation in acquiring and using information; less than marked limitation in attending and completing tasks; less than marked limitation in interacting and relating with others; less than marked limitation in caring for himself; and no limitation in health and physical well-being. (Filing No. 13-3 at 15-16.) Dr. Pressner concluded that W.H.R. did not meet, medically equal, or functionally equal Listings 112.11 (ADHD) or 112.02 (Organic Mental Disorders).

         And finally, a second IEP report dated February 28, 2014 concluded that W.H.R. did not exhibit a profile consistent with cognitive disability "due to his intellectual functioning and adaptive skills being higher than 2 standard deviations below the mean." (Filing No. 13-7 at 51.)

         At step one of his analysis, the ALJ concluded that W.H.R. has not engaged in substantial gainful activity since his application date. (Filing No. 13-2 at 15.) At step two, the ALJ determined that W.H.R. has the following severe impairments: "attention deficit hyperactivity disorder (ADHD) ...


Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.