U.S. District Court, Northern District of N.Y. Case Summaries:

Daily Record (Rochester, NY), Oct 22, 2008

U.S. District Court, Northern District of N.Y.

Social Security

Crawford v. Commissioner of Social Security

07-CV-1243

Judge Kahn

Background: The plaintiff commenced action for SSI benefits on behalf of her ward J.R., a 7-year-old. His biological mother used cocaine throughout her pregnancy and J.R. was born with cocaine in his system. The plaintiff took J.R. home with her from the hospital when he was two days old. The plaintiff states that J.R. is aggressive and always "on the go," and she alleges disability on the basis of ADHD and fetal alcohol syndrome.

Ruling: To qualify for disability benefits, a child younger than 18 must have "a medically determinable physical or mental impairment, which results in marked and severe functional limitations, and which can be expected to result in death or which has lasted or can be expected to last for a continuous period of not less than 12 months." The medical evidence before the ALJ was sufficiently ambiguous that a consultative psychological examination would have resulted in a clearer record. The case is remanded for further administrative proceedings.

Mary Crawford, pro se, and John M. Kelly, special assistant U.S. attorney, for the defendant