Ashley Rose Schandel v. Commissioner of Social Security

Summary

This Report and Recommendation addresses Ashley Rose Schandel’s challenge to the Commissioner of Social Security’s denial of supplemental security income after an age-18 disability redetermination. The magistrate judge concludes that substantial evidence supports the administrative law judge’s findings concerning the applicable listings and residual functional capacity, and recommends affirming the Commissioner’s decision.

Holdings

1. A childhood disability determination is not dispositive or binding in an adult age-eighteen redetermination because attaining age eighteen is a changed circumstance and the Social Security Act requires application of the adult eligibility criteria.
2. The ALJ's finding that Schandel had no more than moderate limitations in the four Paragraph B areas and therefore did not satisfy the relevant listings was supported by substantial evidence.
3. The ALJ's Step Three explanation was not perfunctory because it addressed each Paragraph B criterion over several pages and identified supporting evidence.
4. The ALJ was not required to adopt David Bousquet's opinion verbatim because the RFC reflected each of the functional limitations Schandel claimed had been omitted.

Questions Presented

1. Whether substantial evidence supported the ALJ's Step Three finding that Schandel's impairments did not meet or medically equal the requirements of Listings 12.04, 12.05, 12.06, 12.08, 12.11, or 12.15.
2. Whether the ALJ adequately explained the Step Three findings and fulfilled any duty to develop the record.
3. Whether the childhood disability determination, Drummond v. Commissioner of Social Security, or Acquiescence Ruling 98-4(6) bound the ALJ during the adult age-eighteen redetermination.
4. Whether the ALJ improperly cherry-picked evidence or failed to build an accurate and logical bridge between the evidence and the conclusion.
5. Whether the ALJ's residual functional capacity assessment adequately incorporated the limitations stated in the consultative opinion of David Bousquet.

Disposition

other