S. ALLAN ALEXANDER, Magistrate Judge.
Plaintiff Pinnie Pounds has filed an appeal under 42 U.S.C. § 405(g) on behalf of J.M.J.P., a minor, for judicial review of the decision of the Commissioner of Social Security denying an application of for supplemental security income (SSI) payments under Section 1614(a)(3) of the Social Security Act. Plaintiff filed the application for benefits on March 28, 2011, alleging that J.M.J.P became disabled on that date. Docket 20, p. 112. The claim was denied initially on May 25, 2011, and upon reconsideration on July 5, 2011. Id. at 44-47, 51-54. Plaintiff filed a request for hearing on July 25, 2011 (id. at 56), and an Administrative Law Judge (ALJ) scheduled the hearing for on March 15, 2013. Docket 20, p. 22-28. On that date, the ALJ agreed to postpone the hearing so that plaintiff could obtain a representative. Id. at 25. Despite this postponement, plaintiff attended the second hearing on June 15, 2013 without a representative. Docket 20, p. 28-41. The ALJ issued an unfavorable decision on July 25, 2013, and on July 3, 2014, the Appeals Council denied plaintiff's request for a review. Id. at 9-18, 1-3. On August 4, 2014, the Appeals Council granted plaintiff an additional 30 days to file a civil action in federal court. Docket 20, p. 6. Plaintiff timely filed the instant appeal, and it is now ripe for review.
Because both parties have consented to have a magistrate judge conduct all the proceedings in this case as provided in 28 U.S.C. § 636(c), the undersigned has the authority to issue this opinion and the accompanying final judgment.
J.M.J.P. was born on January 4, 2011 and was two years old at the time of the hearing. Docket 20, p. 33, 112. Plaintiff contends that he became disabled before the application for benefits as a result of "one leg longer than other, hole in heart, shaking spells like seizures." Docket 20, p. 115.
The ALJ determined that while J.M.J.P. suffered from medically determinable impairments of bronchitis and leg length discrepancy, he did not have any severe impairment or combination of impairments that is severe. Docket 20, p. 15. Therefore, the ALJ determined that J.M.J.P. is not disabled. Id. at 17. Plaintiff, in her one page brief, claims that the ALJ erred because she did not allow her sufficient time to establish that J.M.J.P. was disabled. Docket 16.
The ALJ made his determination under the rules adopted by the Social Security Administration in accordance with the changes to children's disability benefits in the Personal Responsibility and Work Opportunity Reconciliation Act.
In assessing a child's alleged disability, the Commissioner, through an ALJ, must work through a three-step sequential evaluation process used specifically to determine whether a child meets the disability criteria.
The court considers on appeal whether the Commissioner's final decision is supported by substantial evidence and whether the Commissioner used the correct legal standard. Crowley v. Apfel, 197 F.3d 194, 196 (5
In the Fifth Circuit substantial evidence is defined as "more than a scintilla, less than a preponderance, and is such relevant evidence as a reasonable mind might accept as adequate to support a conclusion." Crowley v. Apfel, 197 F.3d 194, 197 (5
Plaintiff's only assignment of error is that the ALJ did not allow her sufficient time to establish that her son was disabled. Docket 16. In response, the Commissioner notes that the ALJ and Appeals Council afforded plaintiff every extension that she requested. Plaintiff's first request for an extension was during the administrative hearing held on March 15, 2013, two years after the application for benefits was filed. Docket 20, p. 25. During this hearing plaintiff indicated that she wished to obtain representation, and the ALJ agreed to reschedule the hearing to allow her sufficient time to do so. Id. However, plaintiff still had not obtained representation by the June 25, 2013 hearing. Docket 20, p. 28-41. Plaintiff mad no further requests for additional time until August 4, 2014, when she requested and was granted additional time to file an appeal in federal court. Docket 20, p. 6. Over three years elapsed between the application for benefits and the Appeals Council's final decision. Plaintiff has not provided any evidence to support her assertion that the Commissioner did not allow her sufficient time to prove that her son was disabled or that any additional time would have resulted in a different outcome. Therefore, plaintiff's assignment of error is without merit.
After diligent review, the court holds that the ALJ's decision was supported by substantial evidence and must be affirmed. A final judgment in accordance with this memorandum opinion will issue this day.
SO ORDERED.