Federal Courts & FAS/FAE
Fetal Alcohol And Drug
Unit
Department of Psychiatry and Behavioral Sciences
University of Washington School of Medicine
&
University of Washington
School of Law
2001 WL 902207 (D.Del.)
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.
(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.
(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.
125 F. Supp. 2d 1138 (S.D. Iowa 2001)
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
2003 WL 21246542 (3d Cir.)
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:
URL:
Disability Benefits