Collins ex rel. Williams v. Barnhart

• Decision Date: 08 July 2003
• Docket Number: No. 02-3420MN.,02-3420MN.
• Citation: 335 F.3d 726
• Parties: Janice COLLINS, on behalf of Tyrone WILLIAMS, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Appellee.
• Court: U.S. Court of Appeals — Eighth Circuit

335 F.3d 726

Janice COLLINS, on behalf of Tyrone WILLIAMS, Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security, Appellee.

No. 02-3420MN.

United States Court of Appeals, Eighth Circuit.

Submitted: March 11, 2003.

Filed: July 8, 2003.

Stephen C. Fiebiger, argued, Burnsville, MN, for appellant.

Mona Ahmed, argued, Chicago, IL, for appellee.

Before WOLLMAN, RICHARD S. ARNOLD, and MURPHY, Circuit Judges.

RICHARD S. ARNOLD, Circuit Judge.

Janice Collins applied to the Social Security Administration for benefits on behalf of her allegedly disabled eleven-year-old son, Tyrone Williams. Her application was rejected, and she requested a hearing before an Administrative Law Judge. The ALJ rejected her claim, finding that Tyrone's medication allowed him to function adequately. Ms. Collins filed the appropriate appeals. Her claim was ultimately denied by the District Court¹ on August 23, 2002. For the reasons given below, we affirm the decision of the District Court.

I.

Tyrone Williams's mother had him evaluated because she was concerned about his disruptive behavior at school and at home, which had started the year before. A specialist, Richard Auger, diagnosed Tyrone with Attention Deficit Hyperactivity Disorder (ADHD) in July 1998. Tyrone's doctor, Philip Overby, put Tyrone on Ritalin, a common medication for ADHD. In September of that year, Ms. Collins applied, on Tyrone's behalf, for disability benefits.

Ms. Collins filled out four SSA reports from September 1998 through the fall of 1999, which recorded swings in Tyrone's behavior depending on whether he was taking Ritalin or not. For example, in September of 1998, Ms. Collins reported that Tyrone was hard to control when he did not take his medication. He hit other children, he threw things, and he did not pay attention in class. While on medication, however, he did his homework and played well with other children. In November, Ms. Collins reported that her son's behavior had improved considerably. He played team sports, had no physical problems, helped around the house, obeyed safety rules, and did what he was told. Tyrone's third-grade teacher, Dawn Hall, echoed these observations in a report she completed around the same time. Ms. Hall noted that when Tyrone was on his medication he was calm, friendly, and hardworking. When he was not on medication he became loud and belligerent, and did not do as he was told. Ms. Hall also observed that Tyrone was performing at a first-grade level.

Dr. Craig Barron, a licensed psychologist, evaluated Tyrone in December of 1998. Ms. Collins told him that Tyrone did his chores around the house, took care of his own physical needs like bathing and dressing, and enjoyed going to the park. Ms. Collins attributed this improved behavior to the Ritalin. Dr. Barron described Tyrone as being an articulate speaker with logical thoughts. Dr. Barron tested Tyrone and believed that Tyrone's IQ was much closer to average than Dr. Overby had suggested. Dr. Barron thought that a learning disability rather than a low IQ might be the cause of Tyrone's poor academic performance. Dr. Barron confirmed that Tyrone had ADHD, but he described it as "undifferentiated type" ADHD, a diagnosis not in the Diagnostic Statistical Manual of Mental Disorders (DSM-IV).

Physicians from two state agencies reaffirmed Dr. Overby's diagnosis of ADHD in January and April of 1999. They stated that Tyrone's condition had been rendered non-severe by medication. Also in April of 1999, both Ms. Hall and Bill Deno, an instructional integration specialist, filed reports on Tyrone suggesting that while his behavior remained decent, it appeared that the Ritalin's effect was lessening. Ms. Collins again filed a report, her third, which also suggested that Tyrone's behavior was degenerating. Dr. Overby responded by increasing Tyrone's medication. That fall, Ms. Collins filled out her final evaluation, in which she basically restated what she had said in November of 1998: Tyrone could not concentrate and had conflicts with others when off his medication, but when on his new dosage of medicine, he got along well with others and did what he was told. Tyrone's new fourth-grade teacher, Richard Willegalle, described Tyrone as being hyperactive at times but as having an average ability to interact with others and go from one task to another.

An administrative hearing was held in November of 1999. Both sides presented testimony regarding Tyrone's functioning. Of special relevance to this appeal is the testimony of Dr. Jones Adkins, a psychologist, who testified as a neutral medical expert about how Tyrone's ability to manage in five different functional areas was affected by ADHD. Dr. Adkins testified that, with medication, Tyrone showed less than marked limitation in the areas of cognitive/communicative functioning, social functioning, and personal functioning. The doctor thought Tyrone had greater trouble in the area of concentration, persistence, and pace, but still thought that Tyrone's limitation was less than marked. Dr. Adkins testified that Tyrone had no limitations in his motor functioning. The doctor further testified that even without medication, Tyrone's functioning in these areas was still less than markedly limited. Relying heavily on this testimony, the ALJ concluded that Tyrone was not disabled. Ms. Collins appealed the adequacy of the evidence to support these findings. A Magistrate Judge issued a Report and Recommendation suggesting the affirmance of the ALJ's decision, and the District Court adopted that Magistrate's report in full. This appeal followed.

II.

There are many ways to demonstrate that a child is disabled. 20 C.F.R. § 416.926a(b) (1999). Only one of them is at issue in this appeal. If the ALJ had found that Tyrone had an extreme impairment in one functional area or marked impairments in two functional areas, then he would have been entitled to benefits. 20 C.F.R. § 416.926a(b)(2) (1999). The five relevant functional areas are: (1) cognitive/communicative functioning; (2) social functioning; (3) concentration, persistence, and pace; (4) personal functioning; and (5) motor functioning. Ms. Collins does not challenge the ALJ's conclusions about (4) personal functioning, or (5) motor functioning, so we need not address them.

She does challenge whether there was sufficient evidence to support the ALJ's conclusions that Tyrone did not suffer marked limitations in the three disputed areas. A marked limitation is a serious limitation that interferes with a person's ability to function in an area. 20...