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FEDERAL REMAND: ALJ Failed to Properly Evaluate if the Plaintiff Meet or Functionally Equals a Listing (Federal Case 3, p. 1)

Disabilities: Attention deficit hyperactive disorder (ADHD), and learning disorder

Report & Recommendation on Plaintiff's Motion for Summary Judgement 
Federal Magistrate Judge: Robert L. Dube
United States District Court: Eleventh Circut, Southern District of Florida

Report & Recommendation

THIS CAUSE is before this Court on the Motion for Summary Judgment filed by the Plaintiff (D.E. #19) and the Motion for Summary Judgment filed by the Defendant (D.E. #20) pursuant to the consent of the parties and an Order of Reference entered by the Honorable Joan A. Lenard, United States District Judge. The issue before this Court is whether the record contains substantial evidence to support the denial of benefits to the Plaintiff.

Facts

The Plaintiffs mother filed an application for Child's Supplemental Security Income benefits on the Plaintiffs behalf on June 6, 2006. (R.66- 71). This application, which asserted disability as of January 1, 2003, was denied initially and on reconsideration. (R. 50-55, 62-64). Following a hearing (R. 27-35), the ALJ issued a decision denying the request for benefits. (R. 13-26). A request for review filed with the Appeals Council was denied. (R. 1-5).

On November 7, 2007, the ALJ held a brief hearing stating that the record spoke for itself. (R.34). However, during her short testimony, the Plaintiff's mother testified that her daughter did not have a boyfriend; reads normally when on Adderall, but really struggles with math. (R. 32). She further explained that she needs to press her daughter, and although it appears that she is paying attention, she isn't and doesn't retain what she is reading. (R. 33).

In addition to the testimony presented at the hearing, medical records were submitted to the ALJ However, a review of the medical records and the specific issues raised by the Plaintiff in her Motion for Summary Judgment shows the resolution of the issues do not require this Court to specifically set out all the medical evidence in detail. Accordingly, this Court will discuss the legal issues involved and will incorporate the facts as appropriate within the arguments presented below.

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