Disability Law Blog

Brown v. Barnhart, No. 03-3248, __F.3d__ (8th Cir. Nov. 18, 2004)

The Eighth Circuit, in an opinion by Circuit Judge Morris S. Arnold, affirms the denial of an SSI Child's benefits claim. The claimant, who developed foot drop and atrophy of his right calf as a result of an inflammatory neuropathy of his right peroneal nerve, contended that he met listing 101.03 which requires walking that is "markedly reduced in speed or distance despite orthotic or prosthetic devices." The Court disagreed:

As the ALJ noted, Talvis does not use a cane or any other ambulatory device to assist him with walking. At the hearing, Talvis and his mother testified that he played basketball with his neighborhood friends. Furthermore, on a function report prepared before the hearing, Ms. Brown indicated that Talvis was not limited in his ability to walk and was able to go up and down stairs.

The claimant also argued that the ALJ failed to properly consider his obesity. Reading between the lines, it looks as if the ALJ merely noted that the claimant had obesity without discussing it. The Court, however, concluded that "having reviewed the record as a whole we think that he adequately took that condition into account when denying Talvis benefits."

Pollard v. Halter, No. 03-6007, __ F.3rd __ (2nd Cir. July 23, 2004)

The Second Circuit, in an opinion authored by Judge Rosemary S. Pooler, reverses and remands a child's SSI claim involving ADHD and ODD based on new and material evidence that was not considered by SSA:

"[Plaintiff] claims that the Commissioner erred in denying disability benefits to David by failing to consider new evidence regarding the severity of David’s attention deficit hyperactivity disorder (“ADHD”) and oppositional defiant disorder (“ODD”), as well as evidence regarding neurological and chemical imbalances in his brain. A. 8. We find that the district court erred in applying outdated SSA regulations in reviewing David’s claim. Moreover, we find that the new evidence was material and should have been considered. Accordingly, we reverse and remand to the district court with instructions to remand the matter to the Commissioner for further proceedings consistent with this opinion."

Children's SSI Disability Resources

Thomas Yates, staff attorney at Health & Disability Advocates (formerly the SSI Coalition for a Responsible Safety Net) has written three excellent PDF manuals for children and young adults with claims for SSI and/or disability:

• 2003 Childhood Disability Manual
• 2003 Children's SSI Disability Guide
• NOSSCR Young Adults (written with Linda Landry, staff attorney at the Disability Law Center in Boston.)

If you're thinking about handling a children's SSI claim, this is a great place to start.

(Thanks to Dave Ettinger at the Legal Aid Society in Nashville for the link)