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FEDERAL REMAND: ALJ Failed to Properly Evaluate if the Plaintiff Meet or Functionally Equals a Listing (Federal Case 3, p. 5)

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

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An "extreme" limitation is present when the impairment(s) "interferes very seriously with your ability to independently initiate, sustain, or complete activities." 20 C. P. R. §416.926a(e)(3)(1). The regulations add that an extreme limitation does not necessarily mean a total lack or loss of ability to function, but it is the "equivalent of the functioning we would expect to find on standardized testing with scores that are at least three standard deviations below the mean." Id. For children under age 3, an extreme limitation will generally be found if the child is functioning at a level of one-half of the chronological age or less if there are no scores from standardized tests in the record. 20 C.F.R. §416.926a(e)(3)(ii). An extreme limitation will also be seen if a child has a valid score that is three standard deviations or more below the mean on a comprehensive standardized test which was designed to measure ability or functioning in a domain, and the day-to-day functioning in such activities is consistent with the score. 20 C.F.R. §416.926a(e)(3)(iii).

As with "marked" limitations, there is also criteria in determining the presence of an "extreme limitation" in the "Health and physical well-being" category. Under this provision, an extreme limitation will be seen if the child is frequently ill because of the impairment(s) or has frequent exacerbations of the impairment(s) that result in "significant, documented symptoms or signs substantially in excess of the requirements for showing a 'marked' limitation." The regulation also notes that if the child had episodes of illness or exacerbations of the impairment(s) which would be rated as "extreme," the "impairment(s) should meet or medically equal the requirements of a listing in most cases." 20 C.F.R. §416.926a(e)(3)(iv).

The Plaintiff's first point of contention is that the ALJ erred in not finding that the Plaintiff's mental retardation met the requirements of Listing 112.05D.

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