Warre
Warre v. Commissioner of Social Security Adm
Opinion
Opinion
FACTS AND PROCEDURAL HISTORY
The pertinent facts are, for the most part, undisputed. Plain- tiff applied for SSI benefits in 1996 on behalf of her son E.T. IV, who was then seven months old. See 20 C.F.R. § 416.924 (defining eligibility for a child’s SSI benefits). The child is diagnosed with isovaleric acidemia, a rare metabolic disorder that causes concentrations of protein in the blood and tissues. Upon consideration of the 1996 application, an administrative law judge (“ALJ”) found E.T. IV to be disabled because his impairment met the criteria of Listings 100.02 and 110.07C, 20 C.F.R. pt. 404, subpt. P., app. 1.1 His head size was below 1 Listing 100.02 defines as a disability: Growth impairment, considered to be related to an additional specific medically determinable impairment, and one of the fol- lowing: WARRE v. COMMISSIONER OF THE SSA 1767 the fifth percentile, his height was at the forty-fifth percentile, and his social/emotional development was at a level that was less than fifty percent of his chronological age. By the age of seven months the child had been hospitalized approximately 14 times due to his condition.