595 F. App'x 803
10th Cir.2014Background
- Kimberley Brown applied for SSI for her young son Z.D.F., who had speech/language delays and behavioral problems attributed to sagittal synostosis; child was ~3.5 years old at hearing.
- Brown testified the child was aggressive, largely unintelligible, required speech and occupational therapy, could not perform some age-appropriate tasks (e.g., alphabet, counting, dressing), and had social withdrawal at preschool.
- ALJ found severe impairments (speech/language delay and organic mental impairment) but concluded the impairments did not meet or functionally equal a listing and denied benefits.
- Appeals Council denied review; district court affirmed; Brown appealed to the Tenth Circuit.
- The Tenth Circuit reviewed whether the ALJ properly (1) evaluated the mother’s credibility and (2) analyzed the child’s functional limitations across the six regulatory domains.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether ALJ adequately evaluated parent’s (mother’s) credibility | Brown: ALJ failed to make specific credibility findings about her testimony, as required when child cannot describe symptoms | Gov: Error was harmless; ALJ considered the testimony and decision is supported by evidence | Reversed — ALJ did not perform required credibility analysis and remand required for proper evaluation |
| Whether ALJ properly assessed functional equivalence to a listing (six domains) | Brown: ALJ failed to analyze or cite evidence for marked/extreme limitations, especially in first two domains | Gov: Substantial evidence supports ALJ’s conclusion despite terse analysis | Reversed — ALJ’s bare conclusions (esp. for acquiring/using information and attending/completing tasks) preclude meaningful review; remand for detailed domain analyses |
Key Cases Cited
- Mays v. Colvin, 739 F.3d 569 (10th Cir. 2014) (standard of appellate review of Commissioner’s decision)
- Knight ex rel. P.K. v. Colvin, 756 F.3d 1171 (10th Cir. 2014) (ALJ must accept parent’s statements when child cannot describe symptoms and make credibility findings)
- Briggs ex rel. Briggs v. Massanari, 248 F.3d 1235 (10th Cir. 2001) (three-step sequential process for child disability claims and requirement to assess parent credibility)
- Hackett v. Barnhart, 395 F.3d 1168 (10th Cir. 2005) (adverse credibility findings must be closely and affirmatively linked to substantial evidence)
- Haga v. Astrue, 482 F.3d 1205 (10th Cir. 2007) (court will not supply post-hoc rationalizations for ALJ’s decision)
- Allen v. Barnhart, 357 F.3d 1140 (10th Cir. 2004) (remand appropriate when record does not permit confident ruling that correct analysis would yield same result)
- Jensen v. Barnhart, 436 F.3d 1163 (10th Cir. 2005) (failure to apply correct legal standard or provide sufficient basis for review is reversible error)
- Clifton v. Chater, 79 F.3d 1007 (10th Cir. 1996) (bare conclusions without evidentiary support preclude meaningful judicial review)