Court approves termination of the parental rights of the mother, who has FAS.

The mother at age 37 possessed "the distinctive facial abnormalities of the disorder," as well as "congenital neuro-cognitive impairment in her ability to organize events and its impact on the higher cognitive functions such as anticipating and making connections between events."

The mother had since the age of 16 been receiving SSI benefits. "Because of her condition and abilities, [the mother] has only had marginal employment on an intermittent basis during her life." (*1).

There was evidence of a number of incidents of sexual and other abuse of the child involved.

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.

This is a lawsuit brought by the parents of a child who suffered from a number of different conditions, including FAS and Attention Deficit Hyperactivity Disorder. The suit asserted that Maine state officials had failed to provide certain benefits under the Early and Periodic Screening, Diagnosis and Treatment provision of the federal Medicaid Act. Those benefits include screening, case management and in-home mental health services.

The decision certified the case as a class action. No decision was made on the merits of the dispute

URL:

http://www.med.uscourts.gov/Site/opinions/carter/2001/GC_07022001_1-00cv116_Risinger_v_Concannon.pdf

This case sought benefits for a child under the Supplemental Security Income (SSI) provisions of the Social Security Act. The benefits were sought in 1996, when the child was 9. The Social Security Administration denied SSI benefits, but the federal court awarded them.

The child apparently had a classic case of FAS. The diagnosis included "several dysmorphic features, including narrow bifrontal diameter grossly, nail hypoplasia, narrow palpebral fissure, ptosis, thin upper lip, flat mid-face, smooth filtrum, short nose, and unruly scalp hair." 125 F. Supp. at 1142.

The child was also diagnosed with attention deficit hyperactivity disorder. Although he had a normal IQ (104), his reading level was extremely poor. While an average student of the child's grade level could read 100 correct words per minute, the child read only 43 words a minute with 7 errors. Atypically, he was doing math at grade level.

The court concluded the child was disabled within the meaning of the SSI statute because there was a marked degree of disability in two areas, "attending and completing tasks" and "interacting and relating with others." 125 F. Supp. at 1147-48.

URL:

http://www.iasd.uscourts.gov/iasd/opinions.nsf/e978ac79b31610fe86256893007a529f/c395a607ca5ea5fc862569d1005e8f98/$FILE/012.pdf

Rowan applied for SSI benefits under the Social Security Act. The Social Security Administration denied benefits because it concluded that Rowan was capable ofr doing some non-demanding jobs. Rowan sought review of that decision by the federal courts. The court of appeals concluded that there was conflicting evidence regarding whether Rowan could work, and that therefore it was up to the Social Security Administration to decide the issue.

The case is significant because the court of appeals concluded that the evidence Rowan offered was sufficient to support a finding that he could not work, even though it did not compel that finding. It appears that Rowan had never held a full time job. The evidence supporting his claim that she could not work full time included the following:

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