Bradley v. Colvin
1:14-cv-01072
W.D.N.Y.Aug 5, 2017Background
- Plaintiff Donna Bradley, on behalf of her minor child C.B., applied for SSI on March 8, 2011; application denied and an ALJ hearing occurred on October 22, 2012.
- ALJ William M. Weir issued a decision on March 29, 2013 finding C.B. not disabled under the Social Security Act; Appeals Council denied review, making the ALJ decision final.
- At step two the ALJ found C.B. had severe ADHD and non-severe asthma and two prior seizure episodes; other diagnosed conditions were not discussed.
- At step three the ALJ concluded C.B. did not meet or medically equal a listing and was not functionally equivalent to a listing, finding less-than-marked limitations in certain domains and no limitations in others.
- Medical records showed diagnoses by psychiatrists and a state agency reviewer of anxiety, oppositional defiant disorder (ODD), enuresis, and encopresis, and there was an updated IEP dated March 8, 2013.
- District court granted plaintiff's motion in part, remanding for further proceedings because the ALJ failed to consider medically determinable impairments and failed to address the updated IEP; credibility issue reserved for remand.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Failure to evaluate medically determinable impairments (ODD, anxiety, enuresis, encopresis) at Step 2 | ALJ omitted consideration of these diagnosed impairments and thus failed to apply proper legal standards | ALJ's omission was harmless error | Court: Legal error; remand required because omission was not harmless given relevance to functional domains |
| Failure to consider updated IEP (Mar. 8, 2013) | ALJ ignored a critical source of evidence about C.B.'s functional abilities | IEP omission not dispositive | Court: Error to ignore the updated IEP; ALJ must consider it on remand |
| Credibility of C.B. and mother | ALJ's credibility findings were flawed | ALJ relied appropriately on record | Court: Did not decide due to remand; directed ALJ to reassess credibility on remand |
Key Cases Cited
- Green-Younger v. Barnhart, 335 F.3d 99 (2d Cir. 2003) (standard for reviewing ALJ findings for substantial evidence)
- Shaw v. Chater, 221 F.3d 126 (2d Cir. 2000) (definition of "substantial evidence")
- Rockwood v. Astrue, 614 F. Supp. 2d 252 (N.D.N.Y. 2009) (ALJ must consider impairments alleged or supported by evidence)
- Fuimo v. Colvin, 948 F. Supp. 2d 260 (N.D.N.Y. 2013) (failure to consider a medically determinable impairment at step two is legal error)
- Hamedallah ex rel. E.B. v. Astrue, 876 F. Supp. 2d 133 (N.D.N.Y. 2012) (IEP is important evidence of a child's functional capacity)