United States District Court, S.D. Indiana, Indianapolis Division
W. H. R., IV, a minor, by his mother NASHIMBE AD. BROWN, Plaintiff,
NANCY A. BERRYHILL, Acting Commissioner of the Social Security Administration, Defendant.
ENTRY ON JUDICIAL REVIEW
WALTON PRATT, JUDGE.
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.
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. §
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.)
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.)
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
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.)
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).
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).
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
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) ...