Jordan v. Comm'r of Soc. Sec.
| Decision Date | 05 February 2013 |
| Docket Number | Case No. 3:11–cv–316. |
| Citation | 940 F.Supp.2d 602 |
| Parties | Mary JORDAN, on behalf of her minor child, C.R.J., Plaintiff, v. COMMISSIONER OF SOCIAL SECURITY, Defendant. |
| Court | U.S. District Court — Southern District of Ohio |
OPINION TEXT STARTS HERE
Timothy Andrew Mulhall, Manring & Farrell, Columbus, OH, for Plaintiff.
John J. Stark, U.S. Attorney Office, Columbus, OH, Deborah H. Lee, Social Security Administration, Office of General Counsel, Chicago, IL, for Defendant.
DECISION AND ENTRY ADOPTING THE REPORT AND RECOMMENDATION FILED ON JANUARY 10, 2013; VACATING THE COMMISSIONER'S NON–DISABILITY FINDING; REMANDING PLAINTIFF'S CASE TO THE SOCIAL SECURITY ADMINISTRATION UNDER SENTENCE FOUR OF 42 U.S.C. § 405(g) FOR PAYMENT OF CHILD'S SUPPLEMENTAL SECURITY INCOME CONSISTENT WITH THE SOCIAL SECURITY ACT, THE REPORT AND RECOMMENDATION, AND THIS DECISION AND ENTRY; AND TERMINATING THE CASE ON THE DOCKET OF THIS COURT
The Court has reviewed the Report and Recommendation of United States MagistrateJudge Michael J. Newman (Doc. # 18), to whom this case was referred pursuant to 28 U.S.C. § 636(b), and noting that no objections have been filed thereto and that the time for filing such objections under Fed.R.Civ.P. 72(b) has expired, hereby ADOPTS said Report and Recommendation.
Accordingly, it is hereby ORDERED that:
1. The Report and Recommendation filed on January 10, 2013 (Doc. # 18) is ADOPTED in full;
2. The Commissioner's non-disability finding is vacated;
3. Plaintiffs case is remanded to the Social Security Administration under Sentence Four of 42 U.S.C. § 405(g) for payment of Child's Supplemental Security Income consistent with the Social Security Act, the Report and Recommendation, and this Decision and Entry; and
4. The case is terminated on the docket of this Court.
This is a Social Security appeal brought pursuant to 42 U.S.C. § 405(g). Plaintiff Mary Jordan brings this case on behalf of her minor child, C.R.J. (the “claimant” or “CRJ”), challenging the Administrative Law Judge's (“ALJ”) determination that CRJ is “not disabled” and therefore unentitled to Child's Supplemental Security Income (“Child's SSI”) benefits. See generally Miller ex rel. Devine v. Comm'r of Soc. Sec., 37 Fed.Appx. 146, 147 (6th Cir.2002).
This case is before the Court upon Plaintiff's Statement of Errors (doc. 11), the Commissioner's Memorandum in Opposition (doc. 17), the administrative record (doc. 9), and the record as a whole.
Plaintiff filed a Child's SSI application on behalf of CRJ on February 26, 2008, alleging CRJ has been under a disability since May 1, 2004. PageID 39. Plaintiff claims CRJ is disabled by Crohn's disease,2colitis in the large and small intestines,migraine headaches, depression, and anxiety disorder. PageID 156.
Following initial administrative denials of her application, Plaintiff received a hearing before ALJ James Knapp in June 2010. PageID 72–113. Thereafter, ALJ Knapp issued a written decision, concluding that CRJ was not disabled. PageID 39–51.
Specifically, the ALJ's “Findings,” which represent the rationale of his decision, were as follows:
1. The claimant was born on May 24, 1994. Therefore, she was a school-age child on February 26, 2008, the date the application was filed, and is currently an adolescent (20 CFR § 416.926a(g)(2));
2. The claimant has not engaged in substantial gainful activity since February 26, 2008, the application date (20 CFR §§ 416.924(b) and 416.971 et seq.);
3. The claimant has the following severe impairments: 1) Crohn's disease and 2) recurrent migraine headaches (20 CFR § 416.924(c));
4. The claimant does not have an impairment or combination of impairments that meets or medically equals one of the listed impairments in 20 CFR Part 404, Subpart P, Appendix 1 (20 CFR §§ 416.924, 416.925 and 416.926);
5. The claimant does not have an impairment or combination of impairments that functionally equals the Listings (20 CFR §§ 416.924(d) and 416.926a); and
6. The claimant has not been disabled, as defined in the Social Security Act, since February 26, 2008, the date the application was filed (20 CFR § 416.924(a)).
PageID 44–50.
Thereafter, the Appeals Council denied Plaintiff's request for review, making the ALJ's non-disability finding the final administrative decision of the Commissioner. PageID 29–31; see Casey v. Sec'y of Health & Human Servs., 987 F.2d 1230, 1233 (6th Cir.1993). Plaintiff filed this timely appeal on September 2, 2011. Doc. 1.
CRJ is 5' 1? tall, and weighed approximately 109 pounds at the time of the hearing. PageID 66. She was then sixteen years old. Id.
CRJ testified that her primary impairment is Crohn's disease. PageID 61–62. She occasionally experiences flare-ups, which in turn cause diarrhea, abdominal pain, and headaches. PageID 62. CRJ was hospitalized for two weeks in 2008 and eight days in 2009 for such flare-ups. Id. During a flare-up, she loses her appetite, which causes her weight to fluctuate by as much as fifteen pounds. PageID 63. She visits the doctor approximately once every two weeks. PageID 62. She testified that she experiences nausea several times a day, and has migraine headaches three times per week. PageID 62, 66.
CRJ has been a cheerleader since she was in elementary school. PageID 64. She testified that her ability to cheerlead, however, has diminished over the past few years. Id. She was able to cheerlead during football games during the year prior to the administrative hearing, but not basketball games because she was “too weak” and the “doctor wouldn't let [her] cheer anymore.” Id. She has a driver's license, but is not permitted to drive because she gets dizzy when she “stand[s] up or move[s] around a lot,” or when she's dehydrated. PageID 64–65.
CRJ testified that she is currently being treated for Crohn's disease with the drug Humira, but it “hasn't been working.” PageID 64. She is unable to take Humira shot if she is sick. Id. Additionally, the Humira medication can cause dizziness, headaches and stomach pains. Id. She is fearful of having to be on a feeding tube if the Humira is not successful. PageID 65.
CRJ gets upset easily, and is frustrated that she is unable to hang out with her friends or regularly participate in sports. Id. Her grades in school are A's, B's, and C's. PageID 66. In the school year prior to the hearing, CRJ estimated that she missed approximately 21 days of school on account of illness. Id.
Plaintiff testified that CRJ's Crohn's disease has progressively gotten worse since it was first diagnosed in 2004, and her immune system has gotten weaker. PageID 68. Plaintiff has noticed CRJ has more colds and flus than when she was younger. Id. Plaintiff stated that when the swine flu was rampant, school officials requested that CRJ not attend school because of her known susceptibility to illnesses. PageID 68–69.
Plaintiff testified that during her Crohn's flare-ups, CRJ has difficulty eating. PageID 69. Plaintiff stated CRJ's physicians initially Id. Plaintiff testified that approximately four weeks before the hearing, she took CRJ to the doctor's office because of a flare-up. Testing then revealed that CRJ's Id. Plaintiff has been informed that if the doctors are unable to control the condition with Humira, CRJ may have to start using a feeding tube. Id. Plaintiff further testified that CRJ must go to the hospital for four hours every Tuesday for a Humira injection. PageID 70.
Plaintiff stated that CRJ started experiencing dizziness a few months prior to the hearing. PageID 70–71. As a result, CRJ started seeing a neurologist. PageID 71. Testing by the neurologist identified CRJ as having low blood pressure and vitamin deficiencies. Id.
Plaintiff also testified that CRJ's school has made a number of accommodations, including providing her with a tutor while she was hospitalized; allowing Plaintiff to pick CRJ up early from school when she is not feeling well; allowing CRJ to make up missed work; and allowing CRJ to complete coursework online. PageID 72–73. Plaintiff stated that the principal is often able to tell when CRJ is feeling ill because of the black and blue coloring under her eyes, and will call Plaintiff directly to tell her that CRJ needs to be picked up early from school. PageID 73.
Plaintiff testified that even on days when CRJ is not experiencing a flare-up, she nevertheless uses a heating pad to try to alleviate her abdominal pain, and frequently uses the toilet. PageID 73. Whenever CRJ has a flare-up, she spends a significant amount of time in bed. PageID 74.
Henry Maimon, M.D., a gastroenterology specialist, testified before the ALJ as a Medical Expert (“ME”). PageID 74–86, 140. Dr. Maimon opined that CRJ's condition did not meet or medically equal any Listing, including Listing § 105.06 (inflammatory bowel disease). Specifically, Dr. Maimon testified:
My overall conclusions, based on all the lab work, the CAT scans, the x-rays, the treatment is this I don't think there's any question this patient has Crohn's disease. I don't think there's any question she has lots of...
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