This was a lawsuit seeking benefits under the Social Security Act
for Dion Ferguson, a young man in this 20s. His mother sought benefits
for him under SSI (Supplemental Security Income) or under Title II of the
Social Security Act. The question in dispute in the case was whether
Ferguson was so disabled that he could not work. The court vacated the
denial of benefits and remanded the case to the Social Seucirty
Administration.
Diagnosis: The opinion describes several distinct factors
used in diagnosing FAS or FAE:
(1) Behavioral factors: "special education placements,
developmental delay, hyperactivity, and behavioral problems" (2001 WL at
*3); "inappropriate social behavior, memory deficits . . . lack of
judgment, lack of remorse for misbehavior, lying . . . unusual
aggressiveness, and wide variations in learning abilities". (2001 WL at
*8)(quoting the concurring and dissenting opinion in Devereux).
(2) Exposure: a history of exposure to alcohol while in utero.
(2001 WL at *3)
(3) Physical Features: "short stature, distal digital hypoplasia,
nail dysplasia, and mild facial dysmorphisms." (2001 WL at *3).
[Note: some of these features are limited to FAS, and are not present
in
cases of FAE].
Eligibility for Benefits: The opinion concluded that the Social
Security Administration, which had denied benefits to Ferguson, had made
several errors.
(1) When an applicant seeks disability benefits based on
his or her IQ, the Social Security regulations usually require an IQ below
70.
If the applicant has taken the IQ test several times and gotten different
scores, the lowest score should be used. In this case the lowest score
was 72. The court noted that because of possible statistical errors,
Ferguson's actual IQ could be 5 points higher or lower, i.e. perhaps as
low as 68. (2001 WL at *7)
(2) The Social Security Administration should have considered the
combined effect of Ferguson's low IQ together with possible FAS in
determining his ability to work.
(3) The Social Security Administration had an obligation to
develop the evidence and record regarding whether Ferguson had FAS and
what impact such FAS would have on his ability to work.