Green v. Astrue
1:10-cv-00610
S.D. Ala.Mar 7, 2012Background
- Plaintiff seeks SSI on behalf of her minor son D.D.G. alleging ADHD, conduct disorder, and learning problems; disability claim filed July 25, 2006.
- ALJ held hearing June 24, 2009 and issued unfavorable decision July 6, 2009; Appeals Council denied on September 24, 2010.
- D.D.G. had prior school discipline issues, was in regular education with some supports, and exhibited behavior problems impacting schooling.
- Medical records show ADHD, learning disorder, and low-normal intelligence with ongoing treatment and multiple medications; IQ around 81–88 in various tests.
- ALJ found severe impairments but determined no Listing 112.11 or functional equivalence; concluded D.D.G. not disabled under the Act.
- Court reviews for substantial evidence and proper legal standards; appeals focus on ALJ’s weight given to treating physician Dr. DeFrancisco and reliance onteacher/state consultant reports.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether D.D.G. meets or functionally equals Listing 112.11 | D.D.G. had marked inattention, impulsiveness, and hyperactivity not fully captured by ALJ. | No medically documented findings of all three marked symptoms and no two-domain functional equivalence. | Not met or functionally equal; substantial evidence supports ALJ. |
| Whether the ALJ properly weighed Dr. DeFrancisco’s September 2007 opinion | ALJ erred by discounting treating physician's severe limitations after medication changes. | Limitations inflated and not supported by treatment notes; consistent with other evidence. | ALJ properly assigned little weight to Dr. DeFrancisco’s September 2007 opinion; supported by record. |
| Whether substantial evidence supports the ALJ’s domain-based functional analysis | Record shows more severe limitations in several domains. | Record shows less-than-marked limitations in key domains; other evidence corroborates. | Yes; substantial evidence supports less-than-marked or non-disabling functional limitations. |
Key Cases Cited
- Martin v. Sullivan, 894 F.2d 1520 (11th Cir. 1990) (limits review to substantial evidence and correct legal standards)
- Sewell v. Bowen, 792 F.2d 1065 (11th Cir. 1986) (avoid reweighing evidence; defer to Commissioner’s findings)
- Brown v. Sullivan, 921 F.2d 1233 (11th Cir. 1991) (substantial evidence standard defined; evidence viewed as a whole)
- Bloodsworth v. Heckler, 703 F.2d 1233 (11th Cir. 1983) (substantial evidence requires more than a scintilla)
- Newton v. Astrue, 297 F. App’x 880 (11th Cir. 2008) (treating physician’s opinion deserves substantial weight absent good cause)
- Lewis v. Callahan, 125 F.3d 1436 (11th Cir. 1997) (good cause to discount treating physician’s opinion must be shown)
- Phillips v. Barnhart, 357 F.3d 1232 (11th Cir. 2004) (ALJ may discount treating source under certain conditions)
- Ellison v. Barnhart, 355 F.3d 1272 (11th Cir. 2003) (demonstrates grounds to discount treating physician where evidence supports)
- Oldham v. Schweiker, 660 F.2d 1078 (5th Cir. 1981) (limitations on evaluating treating physician opinions)