Child With Autism Not Disabled Under Social Security Act

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<img alt="Boy plays in the playground shielded with a protective net." src="https://cdn.elderlawanswers.com/common/uploads/photos/19499-boy plays in the playground shielded with a protective net shutterstock_337670864.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:300px" />A New York Administrative Law Judge correctly determined that a child with several diagnoses, including autism, was not disabled under the Social Security Act, the United States District Court of the Southern District of New York holds. <a href="https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2021cv01957/555530/27/" target="_self">In Torres v. Commissioner of Social Security (S.D.N.Y., 21-CV-1957, December 30, 2022)</a>. A third grader, C.K.C., was diagnosed with autism spectrum disorder, attention deficit hyperactivity disorder, and anxiety, as well as Baker’s cyst, low weight, and a heart murmur. Though he had tantrums and issues with aggression, he made eye contact, maintained friendships, and did fairly well in school, such that he no longer needed an Individualized Education Program. His mother applied for Supplemental Security Income benefits for him. Following an initial denial of the application, she requested a hearing before an administrative law judge. The judge decided that the child had substantial impairments of autism, ADHD, and anxiety. Still, these impairments were not severe enough to meet the Social Security Act’s standard for disability. The child’s mother then asked the court to review the judge’s decision. She asserted that the judge breached his duty to develop the record by failing to acquire medical source statements from treating physicians and a functional assessment from the child’s teacher. Since the hearing is nonadversarial, the administrative law judge has an affirmative duty to develop the record to explore all relevant facts. This responsibility increases when the claimant does not have legal representation or alleges a mental illness. In this case, the judge made several requests for information. As the record had enough evidence to allow the judge to assess the child, the judge fulfilled his responsibility to examine the facts. C.K.C.’s mother did not explain how additional evidence would support a finding of a disability. In addition, the mother argued that the judge misconstrued and ignored evidence when determining that the child had no marked limitations in the six functional domains relevant to identifying a disability under the Social Security Act. However, there was no evidence of an extreme problem in any functional area or a marked limitation in two or more domains, the court finds. The judge considered information that could indicate a disability in the totality of all evidence. The mother further alleged that the judge neglected to pursue medical equivalence for the child’s low weight. To establish a growth defect, she had to show that her child’s body mass index (BMI) was less than the third percentile and that her child had an impairment equivalent to a chronic nutritional deficiency. Though he had a low BMI, the evidence supports the judge’s finding that C.K.C.’s low weight was a nonsevere impairment. The record showed the child was well nourished. Because the administrative law judge applied the appropriate legal principles and the evidence supported his findings, he did not err in deciding that the child was not disabled under the Social Security Act. <a href="https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2021cv01957/555530/27/" target="_self">Read the full opinion here</a>. Questions? Call us: (866) 296-5509

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Boy plays in the playground shielded with a protective net. A New York Administrative Law Judge correctly determined that a child with several diagnoses, including autism, was not disabled under the Social Security Act, the United States District Court of the Southern District of New York holds. In Torres v. Commissioner of Social Security (S.D.N.Y., 21-CV-1957, December 30, 2022).

A third grader, C.K.C., was diagnosed with autism spectrum disorder, attention deficit hyperactivity disorder, and anxiety, as well as Baker’s cyst, low weight, and a heart murmur. Though he had tantrums and issues with aggression, he made eye contact, maintained friendships, and did fairly well in school, such that he no longer needed an Individualized Education Program.

His mother applied for Supplemental Security Income benefits for him. Following an initial denial of the application, she requested a hearing before an administrative law judge. The judge decided that the child had substantial impairments of autism, ADHD, and anxiety. Still, these impairments were not severe enough to meet the Social Security Act’s standard for disability.

The child’s mother then asked the court to review the judge’s decision. She asserted that the judge breached his duty to develop the record by failing to acquire medical source statements from treating physicians and a functional assessment from the child’s teacher.

Since the hearing is nonadversarial, the administrative law judge has an affirmative duty to develop the record to explore all relevant facts. This responsibility increases when the claimant does not have legal representation or alleges a mental illness. In this case, the judge made several requests for information. As the record had enough evidence to allow the judge to assess the child, the judge fulfilled his responsibility to examine the facts. C.K.C.’s mother did not explain how additional evidence would support a finding of a disability.

In addition, the mother argued that the judge misconstrued and ignored evidence when determining that the child had no marked limitations in the six functional domains relevant to identifying a disability under the Social Security Act. However, there was no evidence of an extreme problem in any functional area or a marked limitation in two or more domains, the court finds. The judge considered information that could indicate a disability in the totality of all evidence.

The mother further alleged that the judge neglected to pursue medical equivalence for the child’s low weight. To establish a growth defect, she had to show that her child’s body mass index (BMI) was less than the third percentile and that her child had an impairment equivalent to a chronic nutritional deficiency. Though he had a low BMI, the evidence supports the judge’s finding that C.K.C.’s low weight was a nonsevere impairment. The record showed the child was well nourished.

Because the administrative law judge applied the appropriate legal principles and the evidence supported his findings, he did not err in deciding that the child was not disabled under the Social Security Act.

Read the full opinion here.

<img alt="Boy plays in the playground shielded with a protective net." src="https://cdn.elderlawanswers.com/common/uploads/photos/19499-boy plays in the playground shielded with a protective net shutterstock_337670864.jpg" style="float:right; height:200px; margin-left:10px; margin-right:10px; width:300px" />A New York Administrative Law Judge correctly determined that a child with several diagnoses, including autism, was not disabled under the Social Security Act, the United States District Court of the Southern District of New York holds. <a href="https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2021cv01957/555530/27/" target="_self">In Torres v. Commissioner of Social Security (S.D.N.Y., 21-CV-1957, December 30, 2022)</a>. A third grader, C.K.C., was diagnosed with autism spectrum disorder, attention deficit hyperactivity disorder, and anxiety, as well as Baker’s cyst, low weight, and a heart murmur. Though he had tantrums and issues with aggression, he made eye contact, maintained friendships, and did fairly well in school, such that he no longer needed an Individualized Education Program. His mother applied for Supplemental Security Income benefits for him. Following an initial denial of the application, she requested a hearing before an administrative law judge. The judge decided that the child had substantial impairments of autism, ADHD, and anxiety. Still, these impairments were not severe enough to meet the Social Security Act’s standard for disability. The child’s mother then asked the court to review the judge’s decision. She asserted that the judge breached his duty to develop the record by failing to acquire medical source statements from treating physicians and a functional assessment from the child’s teacher. Since the hearing is nonadversarial, the administrative law judge has an affirmative duty to develop the record to explore all relevant facts. This responsibility increases when the claimant does not have legal representation or alleges a mental illness. In this case, the judge made several requests for information. As the record had enough evidence to allow the judge to assess the child, the judge fulfilled his responsibility to examine the facts. C.K.C.’s mother did not explain how additional evidence would support a finding of a disability. In addition, the mother argued that the judge misconstrued and ignored evidence when determining that the child had no marked limitations in the six functional domains relevant to identifying a disability under the Social Security Act. However, there was no evidence of an extreme problem in any functional area or a marked limitation in two or more domains, the court finds. The judge considered information that could indicate a disability in the totality of all evidence. The mother further alleged that the judge neglected to pursue medical equivalence for the child’s low weight. To establish a growth defect, she had to show that her child’s body mass index (BMI) was less than the third percentile and that her child had an impairment equivalent to a chronic nutritional deficiency. Though he had a low BMI, the evidence supports the judge’s finding that C.K.C.’s low weight was a nonsevere impairment. The record showed the child was well nourished. Because the administrative law judge applied the appropriate legal principles and the evidence supported his findings, he did not err in deciding that the child was not disabled under the Social Security Act. <a href="https://law.justia.com/cases/federal/district-courts/new-york/nysdce/1:2021cv01957/555530/27/" target="_self">Read the full opinion here</a>.

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Child With Autism Not Disabled Under Social Security Act

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