Opinions and documents
IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF PENNSYLVANIA
TANAIR D. O., o/b/o K.D.R., : CIVIL ACTION
Plaintiff, :
:
v. :
:
FRANK BISIGNANO, :
Commissioner of Social Security, :
Defendant. : NO. 25-3146
MEMORANDUM
CAROL SANDRA MOORE WELLS
UNITED STATES MAGISTRATE JUDGE April 29, 2026
Tanairi D. O., on behalf of her son, K.D.R. (“Plaintiff”), seeks judicial review, pursuant to
42 U.S.C. § 405(g), of the final decision of the Commissioner of the Social Security Administration
(“the Commissioner”), denying his claim for Childhood Supplemental Security Income (“Child
SSI”) under Title XVI of the Social Security Act. Plaintiff has filed a brief in support of his request
for review, the Commissioner has responded to it, and Plaintiff has replied. For the reasons set
forth below, Plaintiff’s request for review is granted.
I. PROCEDURAL HISTORY1
On April 30, 2022, when he was ten years old, Plaintiff’s mother protectively applied for
Child SSI under Title XVI of the Social Security Act, alleging disability with an onset date of
January 1, 2018. R. 29. The claim was initially denied on January 24, 2023, and upon
reconsideration, on June 23, 2023. R. 29. Therefore, Plaintiff requested a hearing. On May 29,
2024, represented by counsel, Plaintiff and his mother telephonically appeared before Jennifer
Specter, Administrative Law Judge (“the ALJ”). R. 51-64. Plaintiff’s mother testified at the
1 The court has reviewed and considered the following documents in analyzing this case: Plaintiff’s Brief and
Statement of Issues in Support of Request for Review (“Pl. Br.”), Defendant’s Response to Request for Review of
Plaintiff (“Resp.”), Plaintiff’s Reply Brief (“Reply”), and the administrative record. (“R.”).
hearing. R. 51-64. On November 1, 2024, using the three-step sequential evaluation process for
childhood disability,2 the ALJ issued an unfavorable decision. R. 23-40. The Social Security
Administration’s Appeals Council subsequently denied Plaintiff’s request for review, on February
24, 2025, R. 11, making the ALJ’s findings the final determination of the Commissioner. Both
parties have consented to this court’s jurisdiction pursuant to 28 U.S.C. § 636(c)(1).
II. FACTUAL BACKGROUND
A. Personal History
Plaintiff, born on April 1, 2012, was twelve years old3 at the time of the administrative
hearing. R. 61. As a minor, he has no past relevant work and resides with his mother, father, and
three siblings. R. 52-53.
B. Testimony of Plaintiff’s Mother
Plaintiff’s mother testified that her son has difficulty concentrating at home and at school.
R. 55. He has previously received detention for constantly standing and talking in class. R. 55.
Despite having an Individual Education Plan (“IEP”),4 Plaintiff performs poorly in school. Id. He
2 The Social Security Regulations provide the following three-step sequential evaluation for determining whether a
claimant under the age of 18 disabled:
1. If the claimant is working, doing substantial gainful activity, a finding of not
disabled is directed. Otherwise proceed to Step 2. See 20 C.F.R. § 416.924(a).
2. If the claimant is found not to have a severe impairment which significantly
limits his physical or mental ability to do basic work activity, a finding of not
disabled is directed. Otherwise proceed to Step 3. See 20 C.F.R. § 416.924(a).
3. If the claimant’s impairment meets, medically equals, or functionally equals
criteria for a listed impairment or impairments in Appendix 1 of Subpart P of
Part 404 of 20 C.F.R., a finding of disabled is directed. Otherwise, a finding of
not disabled is directed. See 20 C.F.R. § 416.924(a).
3 Plaintiff was classified as a “school-age child” at the time of application and later became an “adolescent” at the time
of the hearing. 20 C.F.R. § 416.926a(g)(2)(iv) & (v).
4 An IEP is a document created for children with a learning disability or emotional disturbance that addresses the
provision of special education and other services. IEP and 504 Service Agreements, Pennsylvania Department of
Education, https://www.pa.gov/agencies/education/programs-and-services/instruction/elementary-and-secondary-
education/homebound-instruction/ieps-and-504-service-agreements (last visited March 31, 2026).
also has difficulty focusing, experiences extreme anxiety, reads at a third-grade level while in the
sixth grade, disrespects his teachers, throws tantrums, and urinates and defecates on himself both
at home and at school. R. 54.
Plaintiff’s mother also testified that he does not get along well with others. R. 53-54. He
screams and fights with his siblings and, if his older sister touches him or anything he is holding,
he will hit her, scream, and sometimes push her to the ground. R. 54. Plaintiff also does not like
to be touched by anyone. Id. At school, he has difficulty getting along with and had hit classmates,
resulting in detention. R. 55-56. Plaintiff has been bullied at school and hit in the face. R. 56.
He does not have any friends. R. 61.
Plaintiff’s mother testified about his difficulties at home. She assists him with his
homework, but Plaintiff screams and throws tantrums when he needs help or does not understand
the material. R. 57, 63. When she explains something to him or gives him instructions, he does
not pay attention. R. 61. Plaintiff’s mother washes his hair and must instruct him to brush his
teeth and take a shower. Id. He performs no chores at home and typically screams and throws a
tantrum when asked to do so. Id.
Plaintiff takes Buspirone for anxiety and Clonidine to facilitate sleep. R. 59. Now, with
medication, he sleeps well; however, before taking medication, he woke up three to four nights
per week from nightmares and urinated on himself. R. 59. Plaintiff attends weekly therapy. R.
58. After school, he sometimes goes outside, although he does not like doing so. R. 62. Plaintiff
enjoys playing with Legos and drawing, but he cannot follow the Lego building plan, which he is
unable to understand; this frustrates him. Id. He typically spends ten to fifteen minutes on each
activity. Id.
III. THE ALJ’S FINDINGS
In her decision, the ALJ issued the following findings:
1. [Plaintiff] was born on April 1, 2012. Therefore, he was a school-age child on April
30, 2022, the date application was filed, and is currently an adolescent (20 CFR
416.926a(g)(2)).
2. [Plaintiff] has not engaged in substantial gainful activity since April 30, 2022, the
application date (20 CFR 416.924(b) and 416.971 et seq.).
3. [Plaintiff] has the following severe impairments: attention deficit hyperactivity
disorder (ADHD), developmental delay, social anxiety disorder, autism spectrum
disorder, and selective mutism (20 CFR 416.924(c)).
4. [Plaintiff] 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. [Plaintiff] does not have an impairment or combination of impairments that
functionally equals the severity of the listings (20 CFR 416.924(d) and 416.926a).
6. [Plaintiff] has not been disabled, as defined in the Social Security Act, since April
30, 2022, the date the application was filed (20 CFR 416.924(a)).
R. 30-31, 40.
IV. DISCUSSION
A. Standard of Review
Judicial review of the Commissioner’s final decision is as follows. The Commissioner’s
findings of fact will not be disturbed, if they are supported by substantial evidence. Poulos v.
Comm’r of Soc. Sec., 474 F.3d 88, 91 (3d Cir. 2007); Schaudeck v. Comm’r of Soc. Sec. Admin.,
181 F.3d 429, 431 (3d Cir. 1999). Substantial evidence is not “a large or considerable amount of
evidence, but rather such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 565 (1988) (internal quotation
omitted). While it is more than a mere scintilla of evidence, Biestek v. Berryhill, 587 U.S. 97, 103
(2019), it may amount to less than an evidentiary preponderance. Fargnoli v. Massanari, 247 F.3d
34, 38 (3d Cir. 2001); Brown v. Bowen, 845 F.2d 1211, 1213 (3d Cir. 1988). Overall, this test is
deferential to the ALJ, and the court should affirm the ALJ’s findings of fact that are supported by
substantial evidence, even when the court, acting de novo, might have reached a different
conclusion. Monsour Medical Center v. Heckler, 806 F.2d 1185, 1190-91 (3d Cir. 1986), cert.
denied, 482 U.S. 905 (1987). Indeed, the court is not permitted to weigh the record evidence itself.
Rutherford v. Barnhart, 399 F.3d 546, 552 (3d Cir. 2005). By contrast, the Commissioner’s legal
conclusions are subject to de novo review. Poulos, 474 F.3d at 91; Schaudeck, 181 F.3d at 431.
B. Burden of Proof in Child Disability Proceedings
To establish a disability under the Act, a claimant under the age of eighteen (18) must show
a “medically determinable physical or mental impairment, which results in marked and severe
functional limitations 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.” 20 C.F.R. § 416.906.
In establishing disability, the claimant must demonstrate: (i) he is not engaged in
substantial gainful activity; (ii) he has a “severe” impairment or combination of impairments; and
(iii) his impairment or combination of impairments meets, medically equals, or functionally equals
the severity of an impairment in the Listings. 20 C.F.R. § 416.924(a). To meet or functionally
equal a mental health Listing, a claimant must have an extreme limitation in one domain of
functioning or marked limitations in two domains. 20 C.F.R. § 416.925 (b)(ii), 20 C.F.R. §
416.926a (a). The claimant bears the burden at each step. 20 C.F.R. § 416.924(a).
C. Review of the Administrative Law Judge’s Decision
Applying the three-step sequential evaluation process for children, the ALJ determined that
Plaintiff was not disabled within the meaning of the Social Security Act because his impairments
did not meet, medically equal, or functionally equal a Listing. R. 30-40. Plaintiff disputes the
ALJ’s finding of non-disability for several reasons. Pl. Br. at 1-17. First, Plaintiff contends that
the ALJ erred in concluding that he did not meet a Listing, because his Wechsler Intelligence Scale
for Children-Fifth Edition (WISC-V)5 test score (“IQ score”) of 53 should have resulted in extreme
limitations in the mental functional area of understanding, remembering, and applying
information. Pl. Br. at 9-12. Second, Plaintiff similarly argues that his IQ score should have
resulted in extreme limitations in the functional equivalence domain of acquiring and using
information. Pl. Br. at 12-14. Third, Plaintiff argues that the ALJ’s findings of less than marked
limitations in the mental functioning areas of interacting with others and concentrating, persisting,
or maintaining pace are contradicted by the record. Pl. Br. at 14-15. Fourth, Plaintiff asserts that
the ALJ’s finding of less than marked limitations in the functional equivalence domain of
interacting with others was unexplained and erroneous. Id. Finally, Plaintiff argues that the ALJ’s
finding of less than marked limitations in the functional equivalence domain of attending and
completing tasks is legally erroneous and unsupported by the evidence. Pl. Br. at 15-17. The
Commissioner disputes Plaintiff’s arguments. Resp. at 1-12. The court finds meritorious
Plaintiff’s argument that the ALJ erred in finding less than extreme limitations in the functional
equivalence domain of acquiring and using information and will address that argument before
turning to Plaintiff’s remaining arguments, which fail.
The ALJ concluded that Plaintiff’s impairments did not meet Listings 112.06 (anxiety and
obsessive-compulsive disorders), 112.10 (autism spectrum disorder), 112.11 (neurodevelopmental
disorders), 112.14 (developmental disorders in infants and toddlers)6, 12.06 (anxiety and
5 “The WISC-V is a general assessment that determines a full-scale IQ and breaks down its results by subject area,
giving the evaluator specific indications of the [student's] cognitive strengths and needs.” Michael F. by & through
Kevin F. v. Upper Darby Sch. Dist., No. 21-5653, 2023 WL 2815940, at *2 (E.D. Pa. Apr. 6, 2023).
6 The ALJ should not have considered this Listing because it only applies to children from birth until age three.
Appendix 1 § 112.00(A)(1).
obsessive-compulsive disorder – adult)7, 12.10 (autism spectrum disorder – adult), or 12.11
(neurodevelopmental disorders – adult). R. 31. To meet a Listing, Plaintiff’s medically
determinable impairments must satisfy all the criteria of the Listing. 20 C.F.R. § 416.925 (a), (d).
Listings 112.10, 112.11, 112.14, 12.10, 12.11, and 12.14 require satisfaction of the “paragraph A”
and “paragraph B” criteria, and Listings 112.06 and 12.06 require satisfaction of the “paragraph
B” and “paragraph C” criteria. 20 C.F.R 404, Subpart P, Appendix 1 §§ 12.00(A)(2)(b),
112.00(A)(2) (“Appendix 1 §§ 12.00(A)(2)(b), 112.00(A)(2)”). Plaintiff disputes the ALJ’s
“paragraph B” determinations. Pl. Br. at 1-17. The “paragraph B” criteria are the same across all
six relevant Listings and are met by demonstrating either an extreme limitation in one, or marked
limitations in two, of the following areas of mental functioning: (1) understanding, remembering,
or applying information; (2) interacting with others; (3) concentrating, persisting, or maintaining
pace; and (4) adapting or managing oneself. Appendix 1 §§ 12.00(E)(1)-(4), 112.00(A)(2)(b).
The ALJ also concluded that Plaintiff’s impairments did not functionally equal a Listing.
R. 31-32. The ALJ considers each of the following domains for functional equivalence: (1)
acquiring and using information; (2) attending and completing tasks; (3) interacting and relating
with others; (4) moving about and manipulating objects; (5) caring for yourself; and (6) health and
physical well-being. 20 C.F.R. § 416.926a(b)(1). When determining whether Plaintiff’s
impairments meet, medically equal, or functionally equal a Listing, an extreme limitation reflects
an inability to function independently, appropriately, or effectively on a sustained basis, whereas
a marked limitation seriously restricts that ability. Appendix 1 § 12.00(F)(2)(d)-(e), 20 C.F.R. §
416.926a(e)(2)-(3).
7 A child may be evaluated using the criteria for either the adult or child Listings. However, an adult may be evaluated
only using criteria for adult listings. Burton v. Berryhill, 267 F. Supp. 3d 520, 525 (E.D. Pa. 2017) (citing 20 C.F.R.
§ 416.925(b)(2)(i)).
1. The ALJ improperly discounted Plaintiff’s valid and reliable IQ score
Plaintiff argues that the ALJ erred in finding that he had only marked limitations in the
functional equivalence domain of acquiring and using information because she improperly
discounted his valid and reliable full-scale IQ score of 53. Pl. Br. at 9-12. This argument has
merit.
The domain of acquiring and using information measures “how well [a child] acquire[s] or
learn[s] information, and how well [the child] use[s] the information” learned in school. 20 C.F.R.
§ 416.926a(g). “It involves being able to perceive relationships, reason, and make logical choices.”
20 C.F.R. § 416.926a(g)(1)(ii). Plaintiff was a school-aged child at the time of application and an
adolescent at the time of the hearing.
Regarding the functional equivalence domain of acquiring and using information, a school-
aged child (age 6 to 12) should be able to “learn to read, write, and do math, and discuss history
and science.” 20 C.F.R. § 416.926a(g)(2)(iii). The child “should [also] be able to use increasingly
complex language (vocabulary and grammar) to share information and ideas with individuals or
groups, by asking questions and expressing [their] own ideas, and by understanding and
responding to the opinions of others.” 20 C.F.R. § 416.926a(g)(2)(iv). An adolescent (age 12 to
18) should be able to “use what [he] learned in daily living situations without assistance (e.g.,
going to the store, using the library, and using public transportation).” 20 C.F.R. §
416.926a(g)(2)(v). The child “should [also] be able to comprehend and express both simple and
complex ideas, using increasingly complex language (vocabulary and grammar) in learning and
daily living situations (e.g., to obtain and convey information and ideas), [and] learn to apply these
skills in practical ways that will help [him] enter the workplace after [finishing] school….” 20
C.F.R. § 416.926a(g)(2)(v). “Examples of limited functioning in this domain may include the
inability to rhyme, sound out words, or recall important things you learned in school, difficulty
solving mathematics or computing arithmetic answers, or talking only in short, simple sentences.”
20 C.F.R. § 416.926a(g)(3)(i)-(v)).
The regulation for functional equivalence for children provides that a child of any age will
be found to have an extreme limitation in a functional domain if he “ha[s] a valid score that is three
standard deviations or more below the mean on a comprehensive standardized test designed to
measure ability or functioning in that domain, and [his] day-to-day functioning in domain-related
activities is consistent with that score.” 20 C.F.R. § 416.926a(e)(3)(iii). No single piece of
evidence can in isolation establish that a child has an extreme limitation. Id.
Daniel Basch, Psy.D., performed the Wechsler Intelligence Scale for Children-Fifth
Edition (WISC-V) IQ test and reported a full-scale intelligence score of 53, which is more than
three standard deviations below the test’s mean of 100. R. 53, 574-76. It is undisputed that the
results were valid and reliable. R. 53, 574-76; Resp. at 7. Plaintiff’s IQ score of 53 is significant
and indicates that his intelligence is in the “extremely low range compared with same-aged peers.”
R. 575. His valid and reliable IQ score of 53 was sufficient to find that Plaintiff had extreme
limitations in acquiring and using information unless other evidence of his day-to-day functioning
showed that he was not seriously limited in this domain, for example, if he had learned to drive,
shop independently, or read books near expected grade level. 20 C.F.R. § 416.926a(e)(4)(ii)(B).
Because Plaintiff was only twelve years old at the time of the hearing, there is no evidence that he
learned to drive or shop independently.
Here, the record is consistent with a finding that Plaintiff’s intellectual functioning is very
seriously limited. Plaintiff read at a third-grade level while in the fifth grade, and Plaintiff’s mother
testified that he read at a third-grade level while in the sixth grade. R. 54, 375. The Commissioner
characterizes the two-grade gap between third grade and fifth grade as “discernable yet not
necessarily extraordinary.” Resp. at 7. But the regulations do not require an “extraordinary” gap;
they require evidence that Plaintiff read near grade level. The ALJ did not explain whether she
considered a third grade reading level to be “near” a fifth or sixth grade reading level. To the
contrary, it appears that a fifth or sixth grader would not be reading near grade level if he read at a
third-grade level. Accordingly, this exception is not satisfied. It also appears that the regulatory
considerations for discounting an extremely low IQ score, such as Plaintiff’s, have not been met.
The record is also consistent with Plaintiff having very serious intellectual limitations, and
the ALJ’s discussion of the record was insufficient to discount Plaintiff’s valid and reliable IQ
score. First, the ALJ noted that Plaintiff underwent the Woodcock-Johnson IV Tests of Cognitive
Abilities (WJ-IV COG) in the fourth grade. R. 34. He scored in the very low to low range, R.
335-37, specifically in the very low range for oral vocabulary, story recall, general intellectual
ability, fluid reasoning, short-term working memory, and reading. Id. The ALJ also considered
Plaintiff’s Wechsler Intelligence Scale for Children – Fifth Edition (WISC-V) test scores,
administered by Ms. DiPrinzo, on which he received a score of 44. R. 34. Although Ms. DiPrinzo
concluded that the test was invalid because Plaintiff struggled to provide verbal responses,
potentially due to social anxiety, R. 471, the results nevertheless showed that Plaintiff had very
low general intellectual ability, used very few words to communicate, had expressive language
below age expectations, demonstrated below-average cognitive functioning, possessed a
somewhat limited general fund of information, and exhibited impaired recent and remote memory.
R. 35, 467-72. Plaintiff was also unable to recall any digits forward or backward or remember any
multiplication facts. Id. This evidence is consistent with Plaintiff having very seriously limited
intellectual functioning.
The ALJ also considered medication management notes from Dr. Zoratti, which showed
that Plaintiff’s insight, judgment and recent and remote memory ranged from poor to intact. R.
35, R. 495-562. Additionally, the ALJ considered evidence that Plaintiff had an average fund of
knowledge and intact ability to name and repeat phrases. Id. Furthermore, the ALJ explained that
Plaintiff’s mental status exams yielded mixed results, with insight, judgment, memory, and his
ability to name and repeat phrases impaired during some exams and intact during others. R. 35.
Additionally, the ALJ noted that Plaintiff had been enrolled in special education classes since
fourth grade and had an IEP. R. 35. Following an IEP, Plaintiff nevertheless, performed below
grade-level expectations in literacy, although his mother reported that he earned As and Bs in
school. R. 35, 467.
Finally, the ALJ’s discussion of Dr. Basch’s caution regarding Plaintiff’s IQ score was
incomplete. R. 34-35. Although Dr. Basch explained that the results should be interpreted with
some caution, because Plaintiff responded impulsively at times during the evaluation, he further
explained that Plaintiff’s difficulty maintaining attention and ADHD symptoms could themselves
reflect Plaintiff’s level of functioning. R. 574. In any event, Dr. Basch concluded that the test
results were valid and reliable, R. 574, while further noting that Plaintiff’s speech was mumbled,
his expressive and receptive language were below age expectations, and his verbal comprehension
index was in the extremely low range. R. 572-74.
The ALJ, therefore, could not avoid the regulatory consequence of Plaintiff’s valid and
reliable IQ score in light of a record consistent with very seriously limited intellectual functioning,
and her attempt to discount that score was insufficient to overcome the strong evidence that
Plaintiff had an extreme limitation in the functional equivalence domain of acquiring and using
information. Still, it is not the court’s role to reweigh the evidence. Rutherford, 399 F.3d at 552.
As discussed above, the ALJ failed to explain whether a third grade reading level while Plaintiff
was in fifth and sixth grades qualifies as reading “near” grade level. The ALJ also noted that she
was unable to obtain and consider additional school records. R. 35. Accordingly, the court will
remand for the ALJ to request and review additional evidence to determine whether Plaintiff reads
“near” grade level.
2. Plaintiff’s remaining arguments regarding his IQ score fail
Next, Plaintiff argues that the ALJ erred in determining that his impairments did not meet
Listings 112.06, 112.10, or 112.14. Relying on Appendix 1 § 112.00H(2)(a) and 20 C.F.R. §
416.926a, Plaintiff asserts that the ALJ erred in finding only marked limitations in the mental
functioning area of understanding, remembering and applying information. Pl. Br. at 9-12. This
argument fails because Plaintiff relies on inapplicable authority. First, Appendix 1 §
112.00H(2)(a) clearly applies only to Listing 112.05, which is neither among the Listings the ALJ
discussed nor among those Plaintiff challenges. Appendix 1 § 112.00H (discussing how the
Commissioner evaluates intellectual disorder under Listing 112.05). Additionally, 20 C.F.R. §
416.926a applies only to functional equivalence; therefore, the regulation’s treatment of IQ scores
does not apply to the ALJ’s analysis of whether Plaintiff meets a Listing. Accordingly, this
argument fails.
Plaintiff asserts that the ALJ erred because her finding of less than marked limitations in
the mental functioning areas of interacting with others and concentrating, persisting or maintaining
pace are contradicted by the record. To support assertions that the evidence demonstrates marked
limitations, Plaintiff relies upon his mother’s testimony and evidence from consultative
psychologists Ms. DiPrinzo and Dr. Basch. R. 14. This argument fails. Plaintiff neither
demonstrates that the ALJ committed legal error, nor explains how that the ALJ’s findings lacked
substantial evidence. Instead, he discusses favorable evidence and argues that such evidence
should be enough to find him markedly limited in the two mental functional areas. R. 11, 14. This
argument amounts to no more than a request for the court inappropriately to reweigh the evidence.
Rutherford, 399 F.3d at 552. Accordingly, this argument fails.
3. No error in finding less than marked limitations in interacting and relating with others
Next, Plaintiff argues that the ALJ erred because she failed to explain her finding of less
than marked limitations in the functional domain of interacting and relating with others. Citing
evidence from his mother, consultative examiner Ms. DiPrinzo, and Dr. Basch, Plaintiff also
contends that the ALJ should have found marked limitations in this domain. Pl. Br. at 15. These
arguments fail.
First, the ALJ supported her finding that Plaintiff had less than marked limitations in
interacting and relating with others. R. 36-38. Although the ALJ addressed three functional
domains together—attending and completing tasks, interacting and relating with others, and caring
for yourself—Plaintiff cites no authority prohibiting that approach, and this court is not permitted
to require ALJs to write their opinions in a particular manner. See Hess v. Commissioner of Social
Security, 931 F.3d 198, 209 (3d Cir. 2019).
Second, Plaintiff’s argument that “[d]espite [the] evidence, the ALJ found [Plaintiff] had a
less than marked limitation in the domain of Interacting and Relating with Others,” Pl. Br. at 15,
amounts to no more than a request for the court to reweigh the evidence, which is improper.
Rutherford, 399 F.3d at 552. Regardless, the ALJ clearly evaluated the evidence and supported
her findings, which is all that was required. See Jones v. Barnhart, 364 F.3d 501, 505 (3d Cir.
2004) (finding that the ALJ properly discharged his duty by discussing favorable and unfavorable
evidence before reaching a conclusion).
In support of her finding that Plaintiff was not seriously limited in his ability to interact
and relate with others, the ALJ considered evidence from Dr. Basch and Ms. DiPrinzo that
Plaintiff had “fair” relationships with his parents, siblings, and authority figures; no exhibited
homicidal ideation; maintained appropriate eye contact, was cooperative; demonstrated fair insight
and judgment during some mental status exams; and exhibited a fair manner of relating and an
appropriate overall presentation during some mental status exams. R. 36-38. The ALJ also
considered evidence that Plaintiff displayed a cooperative attitude during appointments with his
psychiatrist, Dr. Zoratti. R. 38.
The ALJ considered evidence suggesting that Plaintiff had some limitations in this
functional domain, including evidence from Ms. DiPrinzo and Dr. Basch that Plaintiff was teased
and bullied in school, loses his temper easily, is physically and verbally aggressive with his peers
at school and siblings at home, sometimes cries and withdraws, had a poor manner of relating and
social skills, and has difficult relationships with adults and siblings. R. 39-40. She also considered
Plaintiff’s mother’s testimony that he screams, throws tantrums, gets into fights with his siblings
at home and peers at school, gets bullied at school, and suffers from enuresis.8 R. 33, 38.
Accordingly, the ALJ adequately supported her finding that Plaintiff was less than
markedly limited in interacting and relating with others.
4. The ALJ properly found less than marked limitations in attending and completing tasks
Lastly, Plaintiff argues that the ALJ failed to apply the applicable regulations and
mischaracterized the evidence as “somewhat mixed.” Pl. Br. at 15-16. Citing evidence from Dr.
Basch, Ms. DiPrinzo, Plaintiff’s psychiatrist Dr. Zoratti, Plaintiff’s treating psychologist, and
Plaintiff’s school psychologist, Plaintiff also contends that the ALJ should have found marked
limitations in this functional domain. Id. The first argument fails because Plaintiff does not
explain why the failure to apply the governing regulations was harmful. He simply lists evidence
8 Enuresis is “the involuntary discharge of urine.” Enuresis, Merriam-Webster Dictionary, https://www.merriam-
webster.com/dictionary/enuresis (last visited March 30, 2026).
in the record, which the ALJ considered, and argues that the ALJ should have reached a different
conclusion. Pl. Br. at 9-17. The second argument likewise fails inasmuch as the ALJ reasonably
concluded that the evidence concerning this functional domain was “somewhat mixed” and
supported that finding with substantial evidence. The relevant inquiry here is not whether some
evidence supports a contrary conclusion, but whether the ALJ supported her findings with
substantial evidence, Biestek, 587 U.S. at 103, which she did.
The ALJ accurately concluded that the evidence regarding Plaintiff’s limitations in
attending and completing tasks was “somewhat mixed” and supported her finding with substantial
evidence. She considered evidence showing that Plaintiff was not seriously limited in this
functional domain, including evidence from Dr. Basch and Ms. DiPrinzo that Plaintiff was able to
dress, bathe, and groom himself, and enjoyed drawing and playing with Legos. R. 36-38. The
ALJ also considered evidence that, during some mental status exams, Plaintiff maintained
appropriate eye contact, exhibited coherent and goal-directed thought processes, demonstrated fair
insight and judgment, and could count and complete simple calculations. Id. The ALJ included
consideration of Dr. Zoratti’s notes reflecting that Plaintiff’s thought processes were organized, he
dressed appropriately, demonstrated intact insight and judgment, and showed improvement with
proper medication. R. 36. Additionally, the ALJ considered evidence from Plaintiff’s teacher
indicating that he came to school prepared with completed homework assignments, was able to
complete assigned work and work independently in class, maintained a positive attitude,
participated in class discussions, and expressed his ideas verbally. Id.
Moreover, the ALJ considered evidence that suggested that Plaintiff had some limitations
in this functional domain, including evidence from Dr. Basch and Ms. DiPrinzo that Plaintiff had
tantrums, failed to pay attention to detail, had difficulty sustaining attention, fidgeted and
squirmed, displayed out-of-seat behavior, exhibited impaired attention, concentration, and
memory during some mental status exams, frequently argued with siblings, had poor relationships
with peers, was disorganized, failed to follow through on instructions or complete work, and was
unable to perform serial sevens or serial threes. R. 36-38. The ALJ also considered Dr. Zoratti’s
opinion that Plaintiff’s attention, concentration, and memory were impaired, as well as school
records showing that Plaintiff struggled to pay attention, remain still, and follow directions. R. 36.
Accordingly, the ALJ reasonably concluded that the record regarding Plaintiff’s limitations
in attending and completing tasks was somewhat mixed and properly supported that conclusion.
Furthermore, since the evidence was not entirely consistent, it was the ALJ’s role to weigh the
evidence and reach a conclusion. Rutherford, 399 F.3d at 554.
V. CONCLUSION
The court finds that reversal of the ALJ’s decision is not warranted, because the record is
not yet fully developed. Jones v. Barnhart, No. CIV.A.03-6660, 2005 WL 2033383, at *9 (E.D.
Pa. Aug. 23, 2005). Consequently, this case will be remanded to the ALJ with instructions to
obtain additional school records to determine Plaintiff’s reading level and whether he reads “near”
grade level. The ALJ should then reevaluate the record, including Plaintiff’s IQ score, consistent
with this Memorandum.
An implementing Order will follow.
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