United States District Court, W.D. Kentucky, Louisville Division
MEMORANDUM OPINION AND ORDER
Lindsay, Magistrate Judge
Nicole Briones-Rivera (“Plaintiff”) challenges
the Commissioner's denial of supplemental security income
benefits (“SSI”) for her minor son, J.B.B.
(“Claimant”). On July 29, 2016, Plaintiff
consented to the undersigned's jurisdiction. (DN 16.) On
October 24, 2016, Plaintiff moved for judgment on the
pleadings; the Commissioner filed a response brief on January
18, 2017. (DN 20; DN 25.) Plaintiff did not file a reply
brief. For the reasons stated below, the Court concludes that
Plaintiff has waived any challenge to the Commissioner's
decision and AFFIRMS the Commissioner's
Summary of Facts
present action is Plaintiff's second attempt to obtain
SSI benefits on behalf of Claimant. Her first application,
filed on April 16, 2010, was denied on March 13, 2012. (DN
15-3, #141-44.) The Appeals Council subsequently declined to
review that decision on February 13, 2013. (Id. at
161.) Less than two months later, on April 15, 2013,
Plaintiff filed a second application for SSI benefits on
behalf of Claimant, who was then six years old. (DN 15-5,
#257.) The Commissioner once again denied her initial
application and again upon reconsideration. (DN 15-4, #197,
207.) Plaintiff, her attorney, and Claimant then appeared
before an administrative law judge (“ALJ”) for a
hearing in January 2015. (DN 15-2, #104.) The ALJ issued an
unfavorable decision in March 2015. (DN 15-2, #68.) In his
written opinion, the ALJ made the following findings.
1. The claimant was born on October 25, 2006. Therefore, he
was a preschooler on April 11, 2013, the date application was
filed, and is currently a school-age child (20 CFR
2. The claimant has not engaged in substantial gainful
activity since April 11, 2013, the application date (20 CFR
416.924(b) and 416.971 et seq.).
3. The claimant has the following severe impairments:
Attention Deficit Hyperactive Disorder (ADHD); Asthma; and
Allergic Rhinitis (20 CFR 416.924(c)).
4. The claimant does not have an impairment or combination of
impairments that meets or medically equals the severity of
one of the listed impairments in 20 CFR Part 404, Subpart P,
Appendix 1 (20 CFR 416.924, 416.925 and 416.926).
5. The claimant does not have an impairment or combination of
impairments that functionally equals the severity of the
listings (20 CFR 416.924(d) and 416.926(a).
6. The claimant has not been disabled, as defined in the
Social Security Act, since April 11, 2013, the date the
application was filed (20 CFR 416.924(a)).
(DN 15-2, #74-98.) The Appeals Council subsequently denied
Plaintiff's request for review. (Id. at 55.)
Standard of Review
Social Security Act authorizes payment of SSI to persons with
disabilities. 42 U.S.C. Â§' 401 et seq. (Title II
Disability Insurance Benefits), 1381 et seq. (Title XVI
Supplemental Security Income). The term
“disability” is defined as follows:
[An i]nability to engage in any substantial gainful activity
by reason of any medically determinable physical or mental
impairment which can be expected to result in death or which
has lasted or can be expected to last for a ...