U.S. District Court, Northern District of New York Case Summaries:
Daily Record (Rochester, NY), Aug 7, 2008
U.S. District Court, Northern District of New York
Social Security
Extreme Limitations
Brown v. Barnhart
05-CV-0985
Judge Mordue
Background: The plaintiff brought action on behalf of her minor stepson to obtain a review of a decision by the commissioner of Social Security denying an application for childhood disability benefits. The stepson was diagnosed with post-traumatic stress disorder with psychosis, possible ADHD, dysthymia and depressive disorder. The stepson was abused sexually and also witnessed the murder of his 22-month-old sister by his biological mother's ex- boyfriend.
Ruling: The ALJ failed to address evidence that may support a finding of extreme limitations. The ALJ failed to discuss the plaintiff's inappropriate sexual conversations with his peers, his hallucinations and unexplained physical aggressiveness towards his peers/classmates. The court remands the case to the ALJ for reconsideration of that facet of the plaintiff's claim.
Mary Martha Withington of the Legal Aid Society for the plaintiff, and William H. Pease, assistant U.S. attorney, for the defendant.
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