X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
DECISIONS DECISIONS SOCIAL SERVICES the social security Administration’s method of determining whether a child has two “marked” limitations or one “extreme” limitation gives sufficient consideration to the combined impact of multiple impairments, the 2d U.S. Circuit Court of Appeals ruled on May 28. Encarnacion v. Barnhart, No. 02-6192. Elisa Encarnacion sued on behalf of a class of children who were denied aid under the Supplemental Security Income for the Aged, Blind and Disabled program. Under the program, the Social Security Administration (SSA) evaluates children under six domains; they are entitled to benefits if they show marked limitations in two domains, or an extreme limitation in one domain. Encarnacion challenged the agency’s methodology because it did not add up lesser limitations across domains to reach the status of either a marked or extreme limitation and gave no weight to some of the children’s impairments. The district court granted SSA’s motion to dismiss. The 2d Circuit affirmed, ruling that the agency’s practice met the requirement of 42 U.S.C. 1382c(a)(3)(G), that “the combined effects of all of the individual’s impairments” should be considered. “Under our understanding, nothing would preclude SSA from adjusting an otherwise moderate, but nearly marked, limitation in domain A up to fully marked to account for the effect of a limitation in domain B.”

This content has been archived. It is available through our partners, LexisNexis® and Bloomberg Law.

To view this content, please continue to their sites.

Not a Lexis Advance® Subscriber?
Subscribe Now

Not a Bloomberg Law Subscriber?
Subscribe Now

Why am I seeing this?

LexisNexis® and Bloomberg Law are third party online distributors of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® and Bloomberg Law customers are able to access and use ALM's content, including content from the National Law Journal, The American Lawyer, Legaltech News, The New York Law Journal, and Corporate Counsel, as well as other sources of legal information.

For questions call 1-877-256-2472 or contact us at [email protected]

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

 

ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2021 ALM Media Properties, LLC. All Rights Reserved.