Sorrells v. Chater

No. A-94-CA-623-SS (W.D. Tex. May 26, 1995) ; Clearinghouse Number: 50754

Description

Child’s SSI Claim Remanded Under Sentence Four for Reconsideration of Evidence of Behavioral Impairments

Abstract

Adopting the magistrate’s recommendation, the district court has remanded this disability claim under sentence four of 42 U.S.C. § 405(g). Plaintiff, a child claiming SSI benefits, alleged disability due to mental retardation. His application was denied, and he appealed. At the administrative hearing, the medical advisor testified that claimant was only moderately impaired in the two domains of motor development and concentration, persistence, and pace. Following the hearing, the administrative law judge (ALJ) directed that plaintiff undergo a consultative examination, and school records were also submitted to the ALJ. These records and the examination revealed that plaintiff engaged in violent and antisocial behavior and had significant communication difficulties. Nevertheless, the ALJ upheld the denial, and the Appeals Council affirmed. On appeal, plaintiff argued that the ALJ’s decision was not supported by substantial evidence. Alternatively, plaintiff argued that the ALJ had erroneously evaluated the evidence in determining that plaintiff was only moderately impaired in two domains. Finding that the ALJ had been inconsistent in his evaluation of the degree of limitation experienced by plaintiff in the various domains, the court granted plaintiff’s motion for a remand under sentence four. The court was particularly troubled by the ALJ’s determination that plaintiff’s behavior was less than moderately impaired despite his belligerent and dangerous conduct.

Additional Information

Attorney Information
Plaintiff represented by Harold Phillips, Legal Aid Society of Central Texas, 205 W. 9th St., Suite 200, Austin, TX 78701, (512) 476-7244.
Docket Date
1995-05-26 00:00:00+00:00