Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.

Briones-Rivera v. Berryhill

United States District Court, W.D. Kentucky, Louisville Division

December 19, 2017

NICOLE BRIONES-RIVERA, o/b/o J.B.B., a minor, Plaintiff,
v.
NANCY BERRYHILL, ACTING COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant.

          MEMORANDUM OPINION AND ORDER

          Colin Lindsay, Magistrate Judge

         Plaintiff 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 decision.

         I. Summary of Facts

          This 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 416.926a(g)(2)).
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.)

         II. Standard of Review

         The Social Security Act authorizes payment of SSI to persons with disabilities. 42 U.S.C. §' 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 ...

Buy This Entire Record For $7.95

Download the entire decision to receive the complete text, official citation,
docket number, dissents and concurrences, and footnotes for this case.

Learn more about what you receive with purchase of this case.