Ja'vonce Warre, on Behalf of E.T. Iv, a Minor Child v. Commissioner of the Social Security Administration

Plaintiff Ja’Vonce Warre appeals from the district court’s affirmance of a decision to terminate the Supplemental Security Income (“SSI”) benefits of her minor son. We hold that (1) the Commissioner of Social Security permissibly interpreted Listing 100.02A, which defines a growth im *1003 pairment to be a disability, to require a continuing reduction in a child’s growth velocity, rather than a mere continuation of shorter stature; and (2) substantial evidence supports the finding that Plaintiffs son had medically improved to the point where he no longer met Listing 100.02A. Accordingly, we affirm the decisions below.

FACTS AND PROCEDURAL HISTORY

The pertinent facts are, for the most part, undisputed. Plaintiff 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…

dissenting:

Without his costly medication and special vegetarian diet, E.T. IV will suffer progressive brain damage and other complications of his inherited disease, isovaleric acidemia, that will lead to his death. The majority would discontinue E.T. IV’s SSI benefits without considering whether his mother, the Plaintiff, can independently afford his life-saving medication.

The Plaintiff contends, and there are no facts in the record to refute her claim, that she cannot afford her son’s treatment without the assistance of his SSI benefits. For nearly six years, the Plaintiff received SSI benefits on behalf of E.T. IV because her income was consistently below the level necessary to qualify her for government assistance. See 20 C.F.R. § 416.202 (to qualify for SSI benefits, claimant must not have more income or resources than are permitted). At the time of the administrative hearing, neither the Plaintiff nor E.T. IV’s father had health insurance that would cover E.T. IV. While the majority suggests that the Plaintiff will be able to secure state assistance to pay for her son’s treatment, maj. op. at 1006-07, the Plaintiff contends that under-funding of the Oregon state health…

439 F.3d 1001 Ja'Vonce WARRE, on behalf of E.T. IV, a minor child, Plaintiff-Appellant, v. COMMISSIONER OF THE SOCIAL SECURITY ADMINISTRATION, Defendant-Appellee. No. 04-35778. United States Court of Appeals, Ninth Circuit. Submitted November 14, 2005. * Filed February 17, 2006. David B. Lowry, Portland, OR, for the plaintiff-appellant. Leisa A. Wolf, Assistant Regional Counsel, Social Security Administration, Seattle, WA, for the defendant-appellee. Appeal from the United States District Court for the District of Oregon; Michael R. Hogan, District Judge, Presiding. D.C. No. CV-03-01072-HO. Before: FERGUSON, KLEINFELD, and GRABER, Circuit Judges. GRABER, Circuit Judge: 1 Plaintiff Ja'Vonce Warre appeals from the district court's affirmance of a decision to terminate the Supplemental Security Income ("SSI") benefits of her minor son. We hold that (1) the Commissioner of Social Security permissibly interpreted Listing 100.02A, which defines a growth impairment to be a disability, to require a continuing reduction in a child's growth velocity, rather than a mere continuation of shorter stature; and (2) substantial evidence supports the finding that Plaintiff's son had medically…