28-34.) Fifth, the ALJ found Claimant did not have an impairment or combination of impairments that functionally equaled an impairment set forth in the Listings. (Id.) Fourth, the ALJ found Claimant did not have an impairment that meets or medically equals one of the Listings. (Id.) Third, the ALJ found Claimant had the severe impairments of: attention deficit hyperactivity disorder (“ADHD”), learning disorder (“LD”), and anxiety 2 disorder. 28.) Second, the ALJ found Claimant had not engaged in substantial gainful activity since the application date. 28-42.) First, the ALJ found Claimant was a preschooler on the date of application and a school-age child at the date of the hearing. The ALJ’s Decision Generally, in his decision, the ALJ made the following findings of fact and conclusions of law. 1-7.) Thereafter, Plaintiff timely sought judicial review in this Court. 22-46.) On June 26, 2020, the Appeals Council (“AC”) denied Plaintiff’s request for review, rendering the ALJ’s decision the final decision of the Commissioner. 47-74.) On July 11, 2019, ALJ Manico issued a written decision finding Claimant not disabled under the Social Security Act. On June 7, 2019, Plaintiff appeared before the ALJ, William M. 96.) Plaintiff’s application was initially denied, after which she timely requested a hearing before an Administrative Law Judge (“the ALJ”). Procedural History On August 9, 2017, Plaintiff applied for Supplemental Security Income (“SSI”) under Title XVI of the Social Security Act on behalf of Claimant, a minor. 214.) Her alleged disability onset date is August 9, 2016.
28.) Generally, Claimant’s alleged disability consists of learning disability, attention deficit hyperactivity disorder (“ADHD”), sensory issues, and speech issues. 96.) She was a preschooler at the time of application and a school-age child at the date of the hearing.
Factual Background Claimant was born in 2011. For the reasons discussed below, Plaintiff's motion is denied, and the Commissioner’s motion is granted. The matter is presently before the court on the parties’ crossmotions for judgment on the pleadings pursuant to Rule 12(c) of the Federal Rules of Civil Procedure. 18.) The court has jurisdiction over this matter pursuant to 42 U.S.C. Magistrate Judge, MEMORANDUM-DECISION and ORDER The parties consented, in accordance with a Standing Order, to proceed before the undersigned. COUNSEL – REGION II Counsel for Defendant 26 Federal Plaza – Room 3904 New York, NY 10278 SERGEI ADEN, ESQ. 1A Amherst, NY 14226 CORINNE MANFREDI, ESQ. _ APPEARANCES: OF COUNSEL: LAW OFFICES OF KENNETH HILLER, PLLC Counsel for Plaintiff 6000 North Bailey Ave, Ste. 1:20-CV-1076 (WBC) COMMISSIONER OF SOCIAL SECURITY, Defendant. 19 UNITED STATES DISTRICT COURT WESTERN DISTRICT OF NEW YORK _ CANDICE M.
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