L.D.R. v. Berryhill, No. 18-1763 (7th Cir. 2019)Annotate this Case
Since his March 2008, birth, L.D.R. has consistently received medical care in the fields of pediatrics, otolaryngology, pulmonology, psychology, and speech pathology. His mother first sought social security benefits on his behalf when he was one year old. L.D.R.’s health, development, and behavioral issues deteriorated and improved at various times. A child is disabled under social security income rules if the child has a “medically determinable physical or mental impairment, which results in marked and severe functional limitations” that “has lasted or can be expected to last for a continuous period of not less than 12 months,” 42 U.S.C. 1382c(a)(3)(C)(i). The Social Security Administration determined that L.D.R. was disabled as of August 2015, just before he enrolled in second grade. The Seventh Circuit rejected a request for retroactive payments and a challenge to the constitutionality of the law prohibiting an award of benefits for a period before the application for benefits. The AuSgust 2015 disability date was well supported in the ALJ’s decision, which considered in particular detail L.D.R.’s various conditions, their history, the treatments he received, and L.D.R.’s reactions to these treatments. The prohibition on pre-application benefits satisfies rational basis scrutiny.