Opinion

Neal

Court
District Court, N.D. Alabama
Filed
Mar 27, 2026
Cited by
0 cases
Authority
More cited than 39.8%

The opinion

UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF ALABAMA

WESTERN DIVISION

JUANDRITTA NEAL, }

}

}

Plaintiff,

}

} Case No.: 7:24-cv-01583-MHH

v.

}

}

FRANK J. BISIGNANO,

}

Commissioner of the Social Security

}

Administration,1

}

}

Defendant.

MEMORANDUM OPINION

Juandritta Neal, who is proceeding pro se, has asked the Court to review a

final adverse decision of the Social Security Commissioner. The Commissioner

terminated Ms. Neal’s claim for supplemental security income on behalf of her

minor child, K.N., based on an Administrative Law Judge’s finding that K.N.’s

disability ended on February 14, 2023.2 In her complaint, Ms. Neal asserts that the

1 On May 7, 2025, Frank J. Bisignano became the Commissioner of Social Security. Pursuant to

Rule 25(d) of the Federal Rules of Civil Procedure, Frank J. Bisignano should be substituted as

the defendant in this suit. See Fed. R. Civ. P. 25(d) (Although the public officer’s “successor is

automatically substituted as a party” when the predecessor no longer holds officer, the “court may

order substitution at any time. . . .”).

2 Where, as here, an ALJ denies benefits and the Appeals Counsel denies review, the ALJ’s

decision is the Commissioner’s final decision for purposes of this Court’s review. See Samuels v.

Commissioner did not review documents K.N.’s doctor submitted that detail new

diagnoses and kidney problems. (Doc. 1, p. 5).3 Several months after filing her

complaint, Ms. Neal submitted medical records dated July 10, 2024, December 23,

2024, April 22, 2025, and June 11, 2025. (Doc. 9). Because Ms. Neal is proceeding

pro se, the Court construes her complaint liberally. See Curtis v. Comm’r of Soc.

Sec., 856 Fed. Appx. 276, 276 (11th Cir. 2021) (applying the liberal construction

rule to a pro se Social Security appeal). For the reasons described below, the Court

reverses the Commissioner’s decision and remands this matter for further

proceedings.

ADMINISTRATIVE PROCEEDINGS

For a claimant under age 18 to qualify for supplemental security income

benefits, she must have “a medically determinable physical or mental impairment,

which results in marked and severe functional limitations, and which can be

expected to result in death or which 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). In a

Acting Comm'r of Soc. Sec., 959 F.3d 1042, 1045 (11th Cir. 2020) (internal quotation and citation

omitted).

3 Ms. Neal did not have to file a brief in support of her challenge to the ALJ and Appeals Council’s

decisions. The briefing notice in this matter states: “Unless the plaintiff is proceeding without

counsel, initial briefs will be required of all parties.” (Doc. 5, p. 1). Because Ms. Neal did not file

a brief, the Court relies on her complaint to understand her position in this appeal.

cessation of benefits case, the issue is whether substantial evidence demonstrates the

claimant’s impairments medically improved to the point that she no longer had

marked and severe functional limitations. See 42 U.S.C. § 1382c(a)(4)(B); 20 C.F.R.

§ 416.994a. Although K.N. previously was found disabled, she was not entitled to

a presumption of continuing disability. See 42 U.S.C. § 1382c(a)(4); 20 C.F.R. §

416.994a(a)(2).

The regulations define the statutory standard of “marked and severe functional

limitations” as “a level of severity that meets, medically equals, or functionally

equals the listings.” 20 C.F.R. § 416.902(h); see 20 C.F.R. §§ 416.906, 416.924(a),

416.926a(a); see also 20 C.F.R. pt. 404, subpt. P, app. 1 (the Listing of Impairments).

To determine if a severe impairment functionally equals a listing, the ALJ must

assess the claimant’s functioning in six domains: (1) acquiring and using

information; (2) attending and completing tasks; (3) interacting and relating with

others; (4) moving about and manipulating objects; (5) caring for oneself; and (6)

health and physical well-being. 20 C.F.R. § 416.926a(b)(1)(i)–(vi). An impairment

“is of listing level severity if [the claimant has] ‘marked’ limitations in two of the

domains . . . or an ‘extreme’ limitation in one domain.” 20 C.F.R. § 416.926a(d).

A child’s impairment or combination of impairments constitutes a “marked”

limitation when it interferes “seriously” with her ability to “independently initiate,

sustain, or complete activities.” 20 C.F.R. § 416.926a(e)(2)(i). A child’s

impairment or combination of impairments constitutes an “extreme” limitation when

it interferes “very seriously” with her ability to “independently initiate, sustain, or

complete activities.” 20 C.F.R. § 416.926a(e)(3)(i). “[N]o single piece of

information taken in isolation can establish whether [a claimant has] a ‘marked’ or

‘extreme’ limitation in a domain.” 20 C.F.R. § 416.926a(e)(4).

The Commissioner has established a three-step medical improvement review

process to determine whether a child no longer is disabled. See 20 C.F.R. §

416.994a(a)(1), (b); Social Security Ruling (SSR) 05-03p, 2005 WL 1041037 (Apr.

27, 2005). The Commissioner compares the claimant’s current conditions and

limitations with those identified in the most recent favorable medical decision

finding that the claimant continued to be disabled, known as the “comparison point

decision” or CPD. See 20 C.F.R. § 416.994a(c). In determining whether medical

improvement has occurred since the CPD, the Commissioner must consider:

1) Whether there has been medical improvement in the individual’s condition?

2) Whether the individual’s impairment still meets or equals the severity of the

listed impairment it met or equaled before?

3) Whether the individual currently disabled?

See 20 C.F.R. § 416.994a(b)(1)-(3).

In this matter, the ALJ determined that K.N.’s comparison point decision is

dated November 24, 2020. (Doc. 4-3, p. 34). The ALJ found that K.N. experienced

medical improvement as of February 14, 2023. (Doc. 4-3, pp. 34–35). The ALJ

determined that K.N.’s CPD impairment, a speech and language disorder, no longer

functionally equaled the Listing of Impairments. (Doc. 4-3, pp. 35–40). The ALJ

determined that K.N. was suffering from a severe impairment of low average

intellectual functioning. (Doc. 4-3, pp. 40–41). The ALJ also determined that K.N.

was suffering from the non-severe impairments of below average receptive language

skills and mild persistent asthma without complication. (Doc. 4-3, p. 40).

Based on a review of the evidence, the ALJ concluded that K.N.’s

impairments, singly and in combination, did not meet or medically equal the severity

of any of the listed impairments in 20 C.F.R. Part 404, Subpart A, Appendix 1. (Doc.

4-3, pp. 41–45). The ALJ found that K.N. had “less than marked” limitations in the

domains of acquiring and using information and health and physical wellbeing and

“no limitation” in the other four domains. (Doc. 4-3, pp. 43–45). Accordingly, the

ALJ determined that K.N. was not disabled between February 14, 2023 and the date

of his decision, May 31, 2024. (Doc. 4-3, p. 45).

EVIDENCE IN THE ADMINISTRATIVE RECORD

2017 Disability Determination

In 2017, when K.N. was 3 years old, an ALJ found that K.N. had the severe

impairments of hearing loss, speech/language delay, adenoid hypertrophy, chronic

otitis media, asthma, and broncho pulmonary dysplasia. (Doc. 4-4, p. 8).4 Because

her severe limitations caused K.N. to have marked limitations in her ability to

acquire and use information and ability to interact and relate to others, the ALJ found

that K.N. was disabled beginning April 25, 2014 and awarded her supplemental

security income benefits. (Doc. 4-4, pp. 9–11).

4 Adenoid hypertrophy occurs when the adenoid, a mass of lymphatic tissue located in the back of

the nose and throat, becomes larger and obstructs the nasal pathways. JOHNS HOPKINS, Adenoid

Hypertrophy Care, https://www.hopkinsmedicine.org/all-childrens-

hospital/services/otolaryngology-cochlear-implant-program/conditions/adenoid-hypertrophy

[https://perma.cc/F7HU-HNF4] (last visited Jan 16, 2026).

Otitis media is an infection in the middle ear. MAYO CLINIC, Ear Infection (Otitis Media) (June 6,

2023), https://my.clevelandclinic.org/health/diseases/8613-ear-infection-otitis-media

[https://perma.cc/4MP9-EU7C].

“Bronchopulmonary dysplasia (BPD) is a form of chronic lung disease that affects newborns, most

often those who are born prematurely.” AM. LUNG ASS’N., Bronchopulmonary Dysplasia,

https://www.lung.org/lung-health-diseases/lung-disease-lookup/bronchopulmonary-

dysplasia/learn-about-bpd [https://perma.cc/KAC7-7BGX] (last visited Jan 16, 2026). “In BPD

the lungs and the airways (bronchi) are damaged, causing tissue destruction (dysplasia) in the tiny

air sacs of the lung (alveoli).” AM. LUNG ASS’N.

2020 Disability Determination

In 2020, a continuing disability review found that K.N. had the severe

impairment of speech and language impairment. and medical improvement had not

occurred. (Doc. 4-3, p. 5).

2023 Disability Determination

On March 22, 2022, when K.N. was 7 years old, Ms. Neal requested a

continuing disability review based on “emotional problems” and “learning

problems.” (Doc. 4-4, p. 13). After reviewing Ms. Neal’s request and available

evidence, the Commissioner found that K.N. no longer was disabled as of February

14, 2023 and issued a cessation of benefits notice. (Doc. 4-4, p. 12).

Speech-Language Pathologist Evaluations

On September 1, 2020, Speech Language Pathologist Monica Franklin at

Franklin Vocals evaluated K.N.’s speech and language skills. (Doc. 4-9, pp. 22–

23). Ms. Franklin described K.N.’s background as follows:

[K.N.], a 6[]-year-old AA female was seen for speech and language

assessment per DDS referral. She was accompanied by her mother,

[Ms. Neal], who served as provider of supplemental information.

Medical history was remarkable for premature delivery at 24-weeks

with subsequent NICU placement for several weeks. History also

included Asthma, sleep apnea, and Sickle Cell disease. Developmental

milestones were reportedly observed within typical time frames with

the exception of independent toileting which was noted around 4.0

years. After aging out of Early Intervention, [K.N.] received therapy

services through the Head Start program. During the 2019-2020 school

year[,] she attended Kindergarten at Reform Elementary School with

Special Education services. [K.N.] lives with her mother and two older

sisters. Continued speech intervention has reportedly been scheduled

for the upcoming school year.

(Doc. 4-9, p. 22).

Ms. Franklin determined that K.N. demonstrated appropriate social

interaction and eye contact and had oral structure and function adequate for normal

speech production. (Doc. 4-9, p. 22). Ms. Franklin reported that a Tuscaloosa

County School System hearing screening indicated that K.N. had normal hearing in

both ears. (Doc. 4-9, p. 22).

To assess K.N.’s articulation skills, Ms. Franklin administered the Goldman-

Fristoe Test of Articulation-3. (Doc. 4-9, p. 41).5 K.N. scored 93 on the GFTA-3.

Ms. Franklin explained that K.N.’s score results indicated that she had average

articulation skills for her age. (Doc. 4-9, p. 22).

To assess K.N.’s language skills, Ms. Franklin administered the Oral and

Written Language Scales-II. (Doc. 4-9, p. 22).6 K.N. scored a 72 in listening

5 The GFTA-3 tests children’s speech sound production in three sections: sounds-in-words,

intelligibility, and stimulability. PEARSON ASSESSMENTS, Goldman-Fristoe Test of Articulation 3,

(last accessed Jan. 22, 2026) https://www.pearsonassessments.com/en-us/Store/Professional-

Assessments/Developmental-Early-Childhood/Goldman-Fristoe-Test-of-Articulation-

3/p/100001202?srsltid=AfmBOoqzQ-ZrycRn5VD-2INbUp-

Z4uzzfvY8VZ5Wn7nViDqWc3w4ECM_ [https://perma.cc/KQ26-P3L9].

6 The OWLS-II tests children’s language comprehension and expression, including oral language,

written language, receptive processing, expressive processing, and overall language processing

skills. PEARSON ASSESSMENTS, Oral Written Language Scales Second Edition, (last accessed Jan.

22, 2026) https://www.pearsonassessments.com/en-us/Store/Professional-Assessments/Speech-

%26-Language/OWLS-II-Oral-and-Written-Language-Scales-%7C-Second-

Edition/p/100000293?srsltid=AfmBOop2-

MGatsOlt8SqrT1Ov7a5JCm8iq4g69E618GTYFdGqku2hRON [https://perma.cc/SPV5-P57F].

comprehension and 88 in oral expression. (Doc. 4-9, p. 22). K.N.’s OWLS-II

composite score was 78. (Doc. 4-9, p. 22). Ms. Franklin explained that these scores

corresponded to below average listening comprehension skills, average oral

expression skills, and a below average composite score. (Doc. 4-9, p. 22). In

addition to the OWLS results, Ms. Franklin reported that K.N.’s comments were

appropriate to the topic and her mean length of utterances were appropriate for her

age. (Doc. 4-9, p. 23).7 Ms. Franklin reported that K.N. attended to and followed

instructions for testing without difficulty. (Doc. 4-9, p. 23).

In the areas of fluency and voice, Ms. Franklin reported that K.N. did not have

abnormal disfluencies and had normal pitch, volume, and resonance. (Doc. 4-9, p.

23).

Based on her evaluation, Ms. Franklin opined that K.N. had a “moderate

overall language impairment” that “put her at risk both academically and socially.”

(Doc. 4-9, p. 23).

Ms. Franklin evaluated K.N.’s speech and language skills two years later on

November 14, 2022. (Doc. 4-9, pp. 41–42). Ms. Franklin described K.N.’s

background as follows:

7 MLU stands for mean length of utterance. This benchmark measures “a child’s progress in the

attainment of adult language.” Rice, et. al., Mean Length of Utterance Levels in 6-month Intervals

for Children 3-9 Years with and without Language Impairments, PUBMED CENTRAL, NATIONAL

INSTITUTE OF HEALTH, https://pmc.ncbi.nlm.nih.gov/articles/PMC2849178/

[https://perma.cc/9JH3-7CNH].

[K.N.] an 8[]-year-old female was seen for speech and language

assessment per DDS referral. She was accompanied by her mother,

[Ms. Neal], who served as provider of supplemental information.

Medical history was remarkable for Asthma that has been managed

with medication. [K.N.] received speech-language intervention

through the school system and was discharged from speech services

after reaching her target goals. She is currently in the third grade and

receives support for reading and math.

(Doc. 4-9, p. 41).

Ms. Franklin determined that K.N. demonstrated appropriate social

interaction and eye contact and had oral structure and function adequate for normal

speech production. (Doc. 4-9, p. 41). Based on K.N.’s response to conversational

speech and a caregiver’s report, Ms. Franklin determined that K.N’s hearing was

“adequate.” (Doc. 4-9, p. 41).

When Ms. Franklin administered the Goldman-Fristoe Test of Articulation-3,

K.N. exhibited one sound error–substituting /f/ for /th/ in the final position–but

“given cues/modeling” correctly pronounced the sound through the phrase level.

(Doc. 4-9, p. 41). Based on K.N.’s GFTA-3 results, Ms. Franklin opined that K.N.’s

articulation was within normal parameters for her age. (Doc. 4-9, p. 41). Ms.

Franklin reported that K.N.’s intelligibility for all listeners was 90% or greater for

single words, phrases, and sentences. (Doc. 4-9, p. 41).8

8 Intelligibility refers to the extent to which a listener can understand a child’s speech. See Hustard,

et al., Development of Speech Intelligibility Between 30 and 47 Months in Typically Developing

Children: A Cross-Sectional Study of Growth, PUBMED CENTRAL, NATIONAL INSTITUTE OF

HEALTH (May 27, 2020), https://pmc.ncbi.nlm.nih.gov/articles/PMC7839034/

[https://perma.cc/D7Z3-SWN5].

When Ms. Franklin administered the OWLS-2, K.N. had a standard score of

83 for listening comprehension and 87 for oral expression. (Doc. 4-9, p. 41). K.N.’s

standard composite score was 83. (Doc. 4-9, p. 41). Ms. Franklin explained that

these scores corresponded to below average listening comprehension skills, average

oral expression skills, and a below average composite score. (Doc. 4-9, p. 41). Ms.

Franklin noted that the language testing revealed errors with antonyms, adjectives,

present progressive tense, and singular person pronouns. (Doc. 4-9, p. 41). Ms.

Franklin reported that K.N. was “challenged by tasks that called for correcting

grammatical errors, explaining idioms, and requesting information.” (Doc. 4-9, p.

42).

In the areas of fluency and voice, Ms. Franklin reported that K.N. did not have

abnormal disfluencies and had normal pitch, volume, and resonance. (Doc. 4-9, p.

2).

Based on her evaluation, Ms. Franklin concluded that K.N. had normal

articulation skills, average expressive language skills, and below average receptive

language skills. (Doc. 4-9, p. 42). Ms. Franklin opined that K.N.’s receptive

language deficits “put her at risk both academically and socially” and recommended

continued school enrollment, continued academic support, and monitoring for the

need of additional language intervention to address the deficits. (Doc. 4-9, p. 42).

Dr. Kline’s Evaluation

On February 6, 2023, PhD/LPC Robert J. Kline evaluated K.N.’s mental

status and administered the Wechster Intelligence Scale for Children. (Doc. 4-9, pp.

43–47).9 Dr. Kline noted that K.N. was in the third grade, did not have a behavioral

intervention plan, and did not have a history of psychiatric treatment or mental

illness in her family. (Doc. 4-9, p. 44).

When Dr. Kline asked what issues were causing K.N.’s disability, Ms. Neal

reported that K.N. had difficulty reading, “g[ot] emotional sometimes,” and had

“some speech difficulty.” (Doc. 4-9, p. 44). In response to further inquiry about

K.N.’s “emotional problems,” Ms. Neal reported that K.N. recently had become

quieter and shyer after losing a grandfather and grandmother. (Doc. 4-9, p. 44). Dr.

Kline reported that Ms. Neal did not identify “significant” emotional or behavioral

problems. (Doc. 4-9, p. 44).

Dr. Kline evaluated whether K.N. experienced symptoms of depression.

(Doc. 4-9, p. 44). He noted that K.N. slept about eight hours each night, had a good

appetite, had an estimated energy level of four out of ten, and did not show

9 The Wechsler Intelligence Scale for Children “is an intelligence test that measures a child’s

intellectual ability and 5 cognitive domains that impact performance.” PERSON ASSESSMENTS,

Wechsler Intelligence Scale for Children Fifth Edition, (last accessed Jan. 22, 2026)

https://www.pearsonassessments.com/en-us/Store/Professional-Assessments/Cognition-%26-

Neuro/Wechsler-Intelligence-Scale-for-Children-%7C-Fifth-Edition-

/p/100000771?srsltid=AfmBOorJoHj0b9d8Gw7-eV-

IQP7iVy4KC81AMw10nEOqzEwrGBDtDHKY&tab=overview [https://perma.cc/3MCL-

Z9EB].

“psychomotor retardation.” (Doc. 4-9, p. 44). According to Dr. Kline, K.N.

“enumerate[d] several pleasures in life,” denied crying spells, and did not express

feelings of guilt, helplessness, or hopelessness. (Doc. 4-9, p. 44).

Dr. Kline observed that K.N. was appropriately dressed, had average

grooming and personal hygiene, and did not have an unusual physical appearance,

mannerisms, or motor abilities. (Doc. 4-9, p. 45). Dr. Kline reported that K.N.’s

mood was euthymic, that her range of affect was normal, and that she did not display

signs of anxiousness. (Doc. 4-9, p. 45).

Dr. Kline reported that K.N. was adequately oriented to time, place, person,

and situation for her age. (Doc. 4-9, p. 45). When asked, K.N. subtracted serial

sevens from 100, determined how much she would have left if she spent $7.50 of

$18,10 and counted backwards from 20. (Doc. 4-9, p. 45). K.N. could not spell the

word “world” backwards. (Doc. 4-9, p. 45).

When Dr. Kline evaluated K.N.’s memory, K.N. repeated seven digits

forward and four digits in reverse. (Doc. 4-9, p. 45). She recalled three of three

objects after five minutes. (Doc. 4-9, p. 45). She remembered what she had for her

last meal, what she had done the day before, something she saw on her way to the

appointment, her mother’s birthday, the name of her first-grade teacher, and

something she had done two years before. (Doc. 4-9, p. 45).

10 Ms. Neal responded “$10,” omitting the change. (Doc. 4-9, p. 45).

When Dr. Kline evaluated K.N.’s “fund of information,” K.N. recognized the

names Taylor Swift and Kim Kardashian but not Lebron James. (Doc. 4-9, p. 45).

K.N. knew that Joe Biden was the United States president but did not know that Kay

Ivey was the governor of Alabama. (Doc. 4-9, p. 45). K.N. did not know that

Montgomery was the state capital or that there were 52 weeks in the year. (Doc. 4-

9, p. 45).

When Dr. Kline assessed K.N.’s abstracting abilities, K.N. identified how two

objects were alike. (Doc. 4-9, p. 45). She could not interpret the phrases “don’t cry

over spilled milk” and “strike while the iron is hot.” (Doc. 4-9, p. 45).

Dr. Kline observed that K.N. did not show loose or tangential thinking,

confusion, or pressured, mumbled, or slurred speech. (Doc. 4-9, p. 45). Dr. Kline

reported that he understood 100% of K.N.’s speech without difficulty. (Doc. 4-9, p.

45). Dr. Kline reported that K.N. did not demonstrate symptoms of hallucinations,

delusions, ideas of reference, phobias, obsessions, compulsions, indecision,

grandiosity, helplessness, hopelessness, homicidal ideation, or suicidal ideation.

(Doc. 4-9, p. 45). Dr. Kline opined that “overall, [K.N.’s] insight into [her]self and

her social situation [was] good.” (Doc. 4-9, p. 45).

Dr. Kline administered the Wechster Intelligence Scale for Children in a quiet,

well-lit room that was free from distractions. (Doc. 4-9, p. 46). Dr. Kline noted that

K.N. appeared to be “putting forth a good effort” and explained that “there [was]

every reason to believe that the[] results [were] a true reflection of her present

functioning capacity.” (Doc. 4-9, p. 46). On the verbal comprehension section, K.N.

scored 10 for similarities and 9 for vocabulary, yielding a VCI of 98.11 On the fluid

reasoning section, K.N. scored 9 for matrix reasoning and 7 for figure weights,

yielding an FRI of 88.12 On the processing speed section, K.N. scored 6 for coding

and 8 for symbol search, yielding a PSI of 83.13 On the visual special section, K.N.

scored 12 for block design and 8 for visual puzzles, yielding a VSI of 100.14 On the

working memory section, K.N. scored 10 on digit span and 9 on picture span,

yielding a WMI of 97.15 K.N.’s overall FSIQ was 93. (Doc. 4-9, p. 46). 16

When Dr. Kline inquired about K.N.’s daily activities, it was reported that

K.N. spent most of her time at home on her cell phone or watching YouTube, that

her chores included helping with housecleaning and putting her clothing away, and

11 VCI stands for “Verbal Comprehension Index.” PEARSON ASSESSMENTS, WISC-V INTERPRETIVE

REPORT 2 (Oct. 20, 2020)

https://www.pearsonassessments.com/content/dam/school/global/clinical/us/assets/wisc-v/wisc-

v-interpretive-report.pdf?srsltid=AfmBOoqOfAEV4AB6KvkUDWuosiIZfERpH2FmwxTkl-

a1q2agh9CRuNou [https://perma.cc/T7UG-N8BQ].

12 FRI stands for “Fluid Reasoning Index.” WISC-V INTERPRETIVE REPORT at 2.

13 PSI stands for “Processing Speed Index.” WISC-V INTERPRETIVE REPORT at 2.

14 VSI stands for “Visual Spatial Index.” WISC-V INTERPRETIVE REPORT at 2.

15 WMI stands for “Working Memory Index.” WISC-V INTERPRETIVE REPORT at 2.

16 FSIQ stands for “Full Scale IQ.” FSIQ scores ranging from 90 to 109 are considered average.

WISC-V INTERPRETIVE REPORT at 2.

that she had not been sent to the principal’s office for trouble that school year. (Doc.

4-9, p. 47). It was reported that K.N. got along “fairly well” with her teachers,

classmates, and others her age and would receive a B grade for her overall behavior

and cooperation at home. (Doc. 4-9, p. 47).

Based on K.N.’s mental status examination and WISC results, Dr. Kline

concluded that K.N. had no restrictions of activities, constriction of interests, or

restriction in her ability to relate with others. (Doc. 4-9, p. 47). Dr. Kline noted that

K.N. did not have a history of “mental slowness” and that her presentation was

“relatively normal.” (Doc. 4-9, p. 47). Dr. Kline opined that, compared to other

children of her age, K.N. had adequate ability to function independently for her age

and did not have impairments in the domains of acquiring and using information,

attending to and completing tasks, interacting and relating with others, moving about

and manipulating objects, caring for one’s self, or health and physical wellbeing.

(Doc. 4-9, p. 47). Dr. Kline reported that K.N.’s abilities to concentrate and persist

during the exam, relate to others, interact and communicate with family and

community members, understand, remember, and carry out simple one or two-step

job instructions, maintain concentration and attention, and tolerate work stress

appeared to be adequate. (Doc. 4-9, p. 47).

Educational Records

On January 13, 2017, Ms. Neal attended a meeting to plan for K.N.’s transition

from early intervention to preschool. (Doc. 4-7, pp. 38–42). The transition planning

team indicated that K.N. was receiving early intervention speech therapy at home

and at daycare and was prescribed albuterol for asthma. (Doc. 4-7, p. 38). The team

reported that K.N. played well and had good social, cognitive, and motor skills.

(Doc. 4-7, p. 38). The team reported that K.N.’s speech was difficult to understand.

(Doc. 4-7, p. 38). Ms. Neal permitted the team to refer K.N. to the Local Education

Agency for evaluation. (Doc. 4-7, p. 38).17

The team referred K.N. for an IEP evaluation based on her “poor progress in

acquiring communication skills” and “easy frustration.” (Doc. 4-7, p. 39).18 The

referral listed the following signs of “health, orthopedic, and medical problems”:

asthma, sickle cell trait, and tubes in her ears. (Doc. 4-7, p. 39). Additionally, the

referral identified “hearing problems” and “limited talking” as classroom behaviors

that might indicate vision or hearing problems. (Doc. 4-7, p. 39).

17 A Local Educational Agency, or LEA, is “a public board of education or other public authority

legally constituted within a State for either administrative control or direction of, or to perform a

service function for, public elementary schools or secondary schools in a city, county, township,

school district, or other political subdivision of a State.” 34 C.F.R. § 303.23(a).

18 An IEP, or Individual Education Plan, provides special education services for eligible children

with disabilities. ALABAMA DISABILITIES ADVOCACY PROGRAM, A RIGHT NOT TO FAVOR (2014)

at 5, accessible at https://bpb-us-e2.wpmucdn.com/sites.ua.edu/dist/a/74/files/2025/02/Special-

Education-ARightNotAFavorFinal.pdf [https://perma.cc/RKS3-RUWV].

On March 13, 2017, the Local Education Agency evaluated K.N.’s eligibility

for special education services. (Doc. 4-7, pp. 43–46). K.N. passed functional

hearing and vision screenings. (Doc. 4-7, p. 43). An examination of K.N.’s oral

structure and functioning revealed that K.N. had adequate structures for speech

production. (Doc. 4-7, p. 43). K.N. received a standard score of 98 on the fifth

edition Preschool Language Scales. (Doc. 4-7, p. 43).19 She scored 115 in auditory

comprehension and 82 in expressive communication. (Doc. 4-7, p. 43). Based on

these results, the examiner concluded that K.N. did not have a speech delay that

adversely affected her communication. (Doc. 4-7, pp. 43–44).

On April 11, 2017, Ms. Neal attended an IEP eligibility determination

meeting. (Doc. 4-7, p. 46). The IEP team determined that K.N. did not meet the

criteria for the suspected area of disability, have a disability that adversely affected

educational performance, or need specially designed instruction to access and

participate in the general education curriculum. (Doc. 4-7, p. 46). Accordingly, the

IEP team determined that K.N. was not eligible for special education services. (Doc.

4-7, p. 46).

19 The 5th edition Preschool Language Scales, or PLS-5, “offer[] a comprehensive developmental

language assessment.” PEARSON ASSESSMENTS, Preschool Language Scales Fifth Edition

https://www.pearsonassessments.com/en-us/Store/Professional-Assessments/Speech-%26-

Language/Preschool-Language-Scales-%7C-Fifth-

Edition/p/100000233?srsltid=AfmBOooGeTiI2JeVubpUrl9WqfENT8Hz1vYV6ocWkQruc-

Fo9xTOSW3Z [https://perma.cc/AE8H-QBFY] (last accessed Jan. 21, 2026). Results in the range

of 85-115 are average on the PLS-5. (Doc. 4-7, p. 43).

The administrative record does not include educational records from between

April 2017 and January 2022. During the 2017–18 and 2018–19 school years, K.N.

attended preschool and received services through HeadStart. (Doc. 4-9, pp. 6, 15).

During the 2019–20 school year, K.N. attended kindergarten at Reform Elementary

School and received special education services. (Doc. 4-9, p. 22). The record does

not identify where K.N. began first grade in Fall 2020, but K.N. began attending

Faucett Vestavia Elementary School in Spring 2021. (See Doc. 4-7, p. 34). That

year, K.N. received a grade of “proficient” or “outstanding” in every subject on her

third- and fourth-quarter report cards. (See Doc. 4-7, p. 99).

The next fall, K.N. received a grade of “proficient” on most subjects;

“emerging” in completing classroom assignments, language, and reading

informational texts; and “needs improvement” in operations and algebraic thinking

in the first quarter. (Doc. 4-7, p. 100). In the second quarter, K.N. received a grade

of “proficient” on most subjects; “emerging” in language and in number and

operations; and “needs improvement” in language, operations and algebraic

thinking, and reading literature and informal texts. (Doc. 4-7, p. 100).

In January 2022, Faucett Vestavia implemented a Student Intervention Plan

for K.N. (Doc. 4-7, pp. 150–151).20 The intervention plan provided that K.N. would

20 The fax cover page for this document indicates that it is “a copy of [K.N.]’s IEP plan.” (Doc.

4-7, p. 148). The record does not include documents from an IEP referral, evaluation, or eligibility

determination at Faucett Vestavia Elementary. Accordingly, it is not clear whether the intervention

solve 2-digit addition problems with 80% accuracy. (Doc. 4-7, p. 150). K.N.

achieved this goal on February 4 and February 11, 2022. (Doc. 4-7, p. 150). In the

third quarter of the school year, K.N. received a grade of “proficient” in most

subjects and “emerging” in language and operations and algebraic thinking. (Doc.

4-7, p. 100). In the fourth quarter, K.N. received a grade of “proficient” in most

subjects and “emerging” in measurements and data, operations and algebraic

thinking, and foundational reading skills. (Doc. 4-7, p. 100).

That spring, K.N. scored a 502 in English language arts and a 508 in math on

the Alabama Comprehensive Assessments for second grade. (Doc. 4-8, p. 14).

These scores placed K.N. in the 49th percentile for language arts, the 47th percentile

for math, and performance level two for both subjects. (Doc. 4-8, p. 14).21

In August 2022, the Tuscaloosa County School System notified Ms. Neal that

K.N. was consistently showing a deficiency in reading and implemented a Student

Reading Improvement Plan for the 2022–23 school year. (Doc. 4-7, p. 72). K.N.’s

SRIP provided that she would “decode and encode open and closed syllables with

blends and diagraphs with 80% accuracy.” (Doc. 4-7, p. 72). The record does not

indicate whether K.N. met this goal.

plan was developed under the formal process prescribed by the Individuals with Disabilities

Education Act. See generally ALABAMA DISABILITIES ADVOCACY PROGRAM, at 4–32.

21 A student with a performance level of two has a “partial understanding of grade-level standards

and is likely to need some additional support at this level of learning.” (Doc. 4-8, p. 14).

In September 2022, Faucett Vestavia updated K.N.’s Student Intervention

Plan to provide that K.N. would solve three-digit addition and subtraction problems

with 80% accuracy. (Doc. 4-7, p. 151). K.N. achieved 66% accuracy on December

7, 2022, and the interventionist recommended dismissal. (Doc. 4-7, p. 151).

Teacher Questionnaires

K.N.’s second grade teacher, Johnna Drummond, completed a questionnaire

on K.N.’s speech and language skills on May 2, 2022. (Doc. 4-7, pp. 32–34).22 Ms.

Drummond wrote: “[K.N.] is able to communicate on a normal second grade level.

She has been at our school just over a year and does not receive speech services.”

(Doc. 4-7, p. 34). Ms. Drummond reported that K.N.’s speech or language disorder

did not affect her social skills and academic development. (Doc. 4-7, p. 34).

Ms. Drummond indicated that K.N. never or rarely had difficulty saying

single words, producing conversational speech that was easily understood,

maintaining articulatory control as utterance length increases, and producing error

sounds correctly in isolation given a model. (Doc. 4-7, p. 32). Ms. Drummond

indicated that a familiar listener would understand about 97% of K.N.’s speech on a

first attempt and an unfamiliar listener would understand 3% of K.N.’s speech on a

first attempt. (Doc. 4-7, p. 32). Ms. Drummond reported that K.N. did not exhibit

22 The questionnaire should have been completed by a speech language pathologist. (Doc. 4-7, p.

32). Because Ms. Drummond was not qualified to answer the questionnaire, her responses are not

persuasive.

sound errors or phonological patterns that were not typical for her age, speak with a

monotone voice, demonstrate consistently abnormal voice quality, exhibit speech

fluency patterns that were not typical for age in most situations, or exhibit secondary

behaviors. (Doc. 4-7, pp. 32–33).

Ms. Drummond indicated that K.N. frequently had difficulty following single-

step and multi-step instructions, following classroom discussions, using complete

sentences, talking about past events, producing narratives, and following verbal

instructions completely without looking to see what others are doing. (Doc. 4-7, p.

33). Ms. Drummond indicated that K.N. sometimes had difficulty understanding

frequently used vocabulary words, answering questions about a read-aloud story,

repeating a sentence accurately, answering a question appropriately, understanding

humor, and asking for repetition or clarification when she was obviously confused.

(Doc. 4-7, p. 33). Ms. Drummond indicated that K.N. rarely or never had difficulty

expressing wants and needs, taking turns in a conversation, and initiating and

maintaining conversations with friends. (Doc. 4-7, p. 33). Ms. Drummond indicated

that K.N. did not exhibit receptive or expressive vocabulary below expectations for

her age, use incorrect word order, speak only in simple sentences, have difficulty

understanding sarcasm or figurative language, or have difficulty interpreting body

language and facial expressions. (Doc. 4-7, p. 33).

On May 13, 2022, Ms. Drummond and Millie Harrow, a school speech

language pathologist, responded to a request for administrative information. They

reported that K.N. recently had had a vision and hearing screening and a language

evaluation. (Doc. 4-7, p. 58). When asked whether K.N. had been referred for

evaluation or services, they listed K.N.’s January 2017 referral for language

assessment and IEP evaluation. (See Doc. 4-7, p. 58). Ms. Harrow and Ms.

Drummond indicated that K.N. participated in regular education and did not receive

special education or therapeutic services through the school. (Doc. 4-7, p. 58).

A few days later, Ms. Harrow and Ms. Drummond completed a teacher

questionnaire. (Doc. 4-7, pp. 62–69). In the acquiring and using information

domain, they indicated that K.N. had no problem understanding school and content

vocabulary; slight problems reading and comprehending written material, providing

oral explanations and adequate descriptions, learning new material, recalling and

applying previously learned material, and applying problem-solving skills in class

discussions; obvious problems comprehending and doing math problems,

understanding and participating in class discussions, and expressing ideas in written

form; and a serious problem comprehending oral instructions. (Doc. 4-7, p. 63). Ms.

Drummond noted that K.N. “often misses directions given in class due to not paying

attention” and “often times is not focused during class, discussions, and instruction.”

(Doc. 4-7, p. 63). They reported that K.N. performed below grade level and saw a

school interventionist for 30 minutes in math and reading each day. (Doc. 4-7, p.

63).

In the attending and completing tasks domain, Ms. Harrow and Ms.

Drummond reported that K.N. had no problem sustaining attention during play/sport

activities, waiting to take turns, and changing from one activity to another without

being disruptive; a slight problem weekly with competing work accurately without

careless mistakes; an obvious problem weekly with working with others without

distracting self or others; an obvious problem daily with focusing long enough to

finish an assigned activity or task, carrying out single-step instructions, and

organizing her own things or school materials; an obvious problem hourly with

paying attention when spoken to directly and refocusing to a task when necessary; a

serious problem weekly with completing class/homework assignments; a serious

problem daily with working at a reasonable pace/finishing on time; and a serious

problem hourly with carrying out multi-step instructions. (Doc. 4-7, p. 64). They

noted that K.N. “ha[d] a difficult time focusing on her work” and “struggle[d] to

complete assignments[] due to being easily distracted.” (Doc. 4-7, p. 64).

Ms. Harrow and Ms. Drummond reported that K.N. had no problems in the

interacting and relating with others, moving and manipulating objects, and caring

for herself domains. (Doc. 4-7, pp. 65–67). In the health and physical wellness

domain, they noted that K.N. had asthma, sickle cell trait, and tubes in her ears; that

K.N. did not use glasses, hearing aids, or other disability aids at school; and that they

did not know whether K.N. was taking medication. (Doc. 4-7, p. 68). They checked

a box indicating that K.N. frequently missed school because of illness but noted that

her absences were unexcused because there was no documentation of illness. (Doc.

4-7, p. 68).

On October 21, 2022, K.N.’s third grade teacher, Maranda McMillan,

completed a teacher questionnaire. (Doc. 4-7, pp. 88–96). In the domain of

acquiring and using information, Ms. McMillan reported that K.N. had no problems

comprehending oral instructions, understanding and participating in class

discussions, providing oral explanations and adequate descriptions, expressing ideas

in written form, learning new material, or recalling and applying previously learned

material; slight problems in understanding school and content vocabulary, reading

and comprehending written material, and applying problem-solving skills in class

discussions; and an obvious problem in comprehending and doing math problems.

(Doc. 4-7, p. 90). Ms. McMillan noted that K.N. saw an intervention teacher for

math for 30 minutes daily. (Doc. 4-7, p. 90).

In the domain of moving about and manipulating objects, Ms. McMillan

reported that K.N. had no problem moving and manipulating things, demonstrating

strength, coordination, and dexterity in activities or tasks, managing the pace of

physical activities or tasks, showing a sense of her body’s location and movement in

space, integrating sensory input with motor output, and planning, remembering, and

executing controlled motor movements. (Doc. 4-7, p. 93). Ms. McMillan indicated

that K.N. had a slight problem with moving her body from one place to another and

noted that K.N. “seem[ed] to drag one foot when walking.” (Doc. 4-7, p. 93).

Ms. McMillan reported that K.N. had no problem in the attending and

completing tasks, interacting and relating with others, caring for herself, and health

and physical wellbeing domains. (Doc. 4-7, pp. 91–92, 94–95).

Ms. McMillan also completed a speech and language questionnaire. (Doc. 4-

9, p. 34–36).23 Ms. McMillan reported that K.N. frequently had difficulty saying

single words clearly, producing conversational speech that is easily understood,

maintaining articulatory control as utterance length increases, and producing error

sounds correctly in isolation, given a model. (Doc. 4-9, p. 34). Ms. McMillan

estimated that a familiar listener would understand 95% of K.N.’s speech on a first

attempt and 100% of K.N.’s speech with repetition. (Doc. 4-9, p. 34). Ms. McMillan

estimated that an unfamiliar listener could understand 5% of K.N.’s speech on a first

attempt. Ms. McMillan reported that K.N. did not exhibit sound errors or

phonological patterns not typical for her age, speak with a monotone voice,

demonstrate abnormal vocal quality, exhibit speech fluency patterns that were

23 The questionnaire should have been completed by a speech language pathologist. (Doc. 4-7,

p. 32). Thus, Ms. McMillan was not qualified to answer the questionnaire, and her responses are

not persuasive.

atypical for her age in most situations, or exhibit secondary behaviors. (Doc. 4-9,

pp. 34–35). Ms. McMillan reported that K.N.’s speech was audible at conversational

distances on first attempt half or more of the time. (Doc. 4-9, p. 35).

Ms. McMillan reported that K.N. never or rarely had difficulty following

single and multi-step verbal instructions, understanding frequently used vocabulary

words, answering questions about a read-aloud story, following a classroom

discussion, repeating a sentence accurately, answering a question appropriately,

understanding humor, expressing needs and wants, using complete sentences,

talking about past events, describing a picture/object, producing narratives, taking

turns in conversation, and initiating and maintaining conversations with friends.

(Doc. 4-9, p. 35). Ms. McMillan reported that K.N. did not exhibit expressive or

receptive vocabulary below expectation for age, use incorrect word order, have

difficulty understanding sarcasm or figurative language, or have difficulty

interpreting body language and facial expressions. (Doc. 4-9, p. 35). Ms. McMillan

reported that K.N. spoke only in simple sentences. (Doc. 4-9, p. 35). Ms. McMillan

noted that K.N. was not receiving services and did not have a diagnosis of speech or

language impairment and indicated that K.N.’s speech and language did not

adversely affect her social skills and academics. (Doc. 4-9, p. 36).

Ms. McMillan responded to a request for administrative information and

completed another teacher questionnaire on March 30, 2023. (Doc. 4-7, pp. 123–

131). Ms. McMillan reported that K.N. did not have an educational disability and

participated in regular education. (Doc. 4-7, p. 123). In the accompanying teacher

questionnaire, Ms. McMillan reported that K.N. had no problems in the domains of

acquiring and using information, attending and completing tasks, interacting and

relating with others, moving about and manipulating objects, caring for herself, and

health and physical wellness. (Doc. 4-7, pp. 124–130).

Parent Questionnaires

Ms. Neal completed functional reports on January 25, 2022 and October 20,

2022. (Doc. 4-7, pp. 4–12, 74 –84). In January and October 2022, Ms. Neal reported

that K.N. did not have problems seeing or hearing. (Doc. 4-7, p. 4; Doc. 4-7, p. 75).

On January 25, 2022, Ms. Neal reported that K.N. was “totally unable to talk.”

(Doc. 4-7, p. 5). Ms. Neal noted that K.N. had problems speaking clearly and a

limited ability to communicate. (Doc. 4-7, p. 5). Ms. Neal reported that people who

knew K.N. well and people who did not know K.N. well understood her speech

“some of the time.” (Doc. 4-7, p. 5). Ms. Neal indicated that K.N. could tell jokes

or riddles accurately; explain why she did something; use sentences with “because,”

“what if,” or “should have been;” and talk with family. (Doc. 4-7, p. 6). Ms. Neal

indicated that K.N. did not repeat stories she had heard or talk with friends. (Doc.

4-7, p. 6).

On October 22, 2025, Ms. Neal reported that K.N. was not “totally unable to

talk.” (Doc. 4-7, p. 76). Ms. Neal indicated that K.N. had problems talking clearly

and a limited ability to communicate. (Doc. 4-7, pp. 76–77). Ms. Neal indicated

that people who knew K.N. well understood her speech “some of the time” or

“hardly ever” and that people who did not know K.N. well understood her speech

“most of the time.” (Doc. 4-7, p. 76).24 Ms. Neal reported that K.N. could repeat

stories she had heard and talk with family and friends but could not deliver telephone

messages, tell jokes or riddles accurately, explain why she did something, or use

sentences with “because,” “what if,” or “should have been.” (Doc. 4-7, p. 77).

In January and October 2022, Ms. Neal indicated that K.N. had a limited

ability to progress in learning. (Doc. 4-7, p. 7; Doc. 4-7, p. 78). In January, she

reported that K.N. could read upper-case and lower-case letters, print some letters,

and print her name. (Doc. 4-7, p. 7). Ms. Neal reported that K.N. knew the days of

the week and months of the year. (Doc. 4-7, p. 7). Ms. Neal reported that K.N.

could not read simple words, read and understand simple sentences, read or

understand stories in books or magazines, write in longhand, spell most 3-4 letter

words, write a simple story with 6-7 sentences, add and subtract numbers over time,

understand money and make correct change, or tell time. (Doc. 4-7, p. 7). In

24 Ms. Neal likely intended to indicate that people who did not know K.N. well understood her

speech some of the time or hardly ever and that people who knew K.N. well understood her speech

most of the time.

October, Ms. Neal reported that K.N. could read upper-case and lower-case letters,

sometimes read simple words, read and understand stories in books or magazines,

print some letters, print her name, and spell most 3-4 letter words. (Doc. 4-7, p. 78).

Ms. Neal reported that K.N. knew the days of the week and months of the year.

(Doc. 4-7, p. 78). Ms. Neal reported that K.N. could not read and understand simple

sentences, write in longhand, write a simple story with 6-7 sentences, add and

subtract numbers over 10, understand money and make correct change, or tell time.

(Doc. 4-7, p. 78).

In January and October 2022, Ms. Neal indicated that K.N.’s physical abilities

were limited. (Doc. 4-7, p. 8; Doc. 4-7, p. 79). In January, Ms. Neal reported that

K.N. could walk, run, throw a ball, use scissors, work video game controls, and

dress/undress dolls or action figures but could not ride a bike, jump rope, use roller

skates or blades, or swim. (Doc. 4-7, p. 8). In October, Ms. Neal reported that K.N.

could walk, run, throw a ball, ride a bike with training wheels, jump rope, use

scissors, and dress/undress dolls or action figures but could not ride a bike without

training wheels, use roller skates or blades, or swim. (Doc. 4-7, p. 79).

Ms. Neal indicated that K.N.’s impairments affected her behavior with other

people. (Doc. 4-7, p. 9; Doc. 4-7, p. 80). In January, Ms. Neal reported that K.N.

had friends her own age, generally got along with adults, and generally got along

with school teachers. (Doc. 4-7, p. 9). She reported that K.N. could not make new

friends and did not play team sports. (Doc. 4-7, p. 9). In October, Ms. Neal reported

the same except that K.N. could make new friends. (Doc. 4-7, p. 80).

Ms. Neal reported that K.N.’s impairments affected her ability to help herself

and cooperate with others in taking care of personal needs. (Doc. 4-7, p. 10, 81). In

January, Ms. Neal reported that K.N. could use zippers, brush teeth, eat using

utensils, pick up and put away toys, hang up clothes, do what she was told most of

the time, and get to school on time. (Doc. 4-7, p. 10). She reported that K.N. could

not button clothes, tie shoelaces, take a bath or shower without help, comb or brush

her hair, wash her hair by herself, choose her clothes, help around the house, obey

safety rules, or accept criticism or correction. (Doc. 4-7, p. 10). In October, Ms.

Neal reported the same, except that K.N. could obey safety rules. (Doc. 4-7, p. 81).

Ms. Neal indicated that K.N.’s ability to pay attention and stick with a task

was limited. (Doc. 4-7, pp. 11, 81). In January, Ms. Neal reported that K.N. could

keep busy on her own and complete chores most of the time but could not finish

things she started, work on arts and crafts projects, or complete homework. (Doc.

4-7, p. 11). In October, Ms. Neal reported the same, except that K.N. could complete

homework. (Doc. 4-7, p. 81).

In January, Ms. Neal indicated that K.N. had “some sleep apnea.” (Doc. 4-7,

p. 12). Ms. Neal did not indicate whether K.N. still had sleep apnea in October 2022.

Ms. Neal requested a continuation of K.N.’s benefits in March 2022 based on

K.N.’s emotional and learning problems. (Doc. 4-4, p. 13; Doc. 4-7, pp. 13–21).

Ms. Neal reported that K.N. had completed first grade, was in a special education

program, and received accommodations at school. (Doc. 4-7, pp. 14–15).25 Ms.

Neal indicated that K.N. received daily reading tutoring. (Doc. 4-7, p. 15). Ms. Neal

reported that K.N. had been tested by a public/community health department,

developmental evaluation center, mental health/intellectual disability, speech and

hearing center, and the Women, Infants, and Children Program. (Doc. 4-7, p. 16).

Ms. Neal did not identify the agencies that performed the evaluations. (Doc. 4-7, p.

16). Ms. Neal reported that K.N. did not receive special therapy, exercises, or other

services for her impairments. (Doc. 4-7, p. 17). Ms. Neal indicated that K.N.

received vocational rehabilitation services at Faucett Vestavia. (Doc. 4-7, p. 18).

Ms. Neal identified K.N.’s grandmother, Wanda Gary, as an individual who could

give information about the child. (Doc. 4-7, p. 20).

On March 30, 2022, Ms. Neal participated in a continuing disability interview.

(Doc. 4-7, pp. 22–27). Ms. Neal did not identify physical or mental conditions that

limited K.N.’s ability to do the same things as other children of the same age. (Doc.

4-7, p. 23). Ms. Neal indicated that K.N. received evaluation or treatment at Pickens

25 K.N.’s school records contradict Ms. Neal’s representations that K.N. was in a special education

program and received accommodations at school. (See Doc. 4-7, p. 58). K.N. received services

from an interventionist for 30 minutes in math and reading each day. (Doc. 4-7, p. 63).

County Medical Center. (Doc. 4-7, p. 23). She did not explain what conditions were

treated or evaluated. (Doc. 4-7, p. 24).

Ms. Neal reported that K.N. experienced new physical or mental conditions

beginning in 2020. (Doc. 4-7, p. 106). Ms. Neal explained that K.N. would “stare

into space” and “c[ould not] comprehend at times.” (Doc. 4-7, p. 106). Ms. Neal

did not identify medical treatment or medication K.N. had received. (Doc. 4-7, pp.

106, 107). Ms. Neal reported that K.N. had experienced a change in her daily

activities because of physical or mental conditions and stated that K.N. “still

need[ed] reading, math and etc.” and “[didn’t] like being around others.” (Doc. 4-

7, p. 107). Ms. Neal indicated that K.N. continued to receive vocational

rehabilitation services at Faucett Vestavia. (Doc. 4-7, p. 108). Ms. Neal made an

identical report on November 1, 2023. (Doc. 4-7, pp. 142–147).

Medical Records

Ms. Neal submitted records from primary care visits documenting K.N.’s

history of asthma.

K.N. visited University Medical Center on January 30, 2018. (Doc. 4-9, pp.

15–19). Jaquelynn Luker, M.D., noted that K.N. had sleep apnea and a history of

prematurity but had been “developing well.” (Doc. 4-9, p. 15). Dr. Luker diagnosed

K.N. with moderate, persistent asthma. (Doc. 4-9, p. 15). K.N. met the

developmental milestones of using 3–5-word sentences, asking why/what, balancing

on one foot, building a ten-block tower, copying a circle and X, counting to three,

dressing herself, knowing her name/age/gender, playing with other kids, recognizing

three colors, and walking upstairs with alternating feet. (Doc. 4-9, pp. 16–17). K.N.

did not meet the developmental milestones of pedaling a tricycle and being toilet

trained. (Doc. 4-9, p. 17). Dr. Luker recorded normal findings from K.N.’s physical

exam. (Doc. 4-9, p. 17).

K.N. visited University Medical Center on February 13, 2019. (Doc. 4-9, pp.

6–10). Charles Geno, M.D., noted that K.N. had asthma and used a nebulizer

approximately three times per week. (Doc. 4-9, p. 6). Dr. Geno performed a

physical exam and reported normal findings. (Doc. 4-9, p. 8).

K.N. visited University Medical Center for a rash on May 5, 2022. (Doc. 4-

9, pp. 25–30). Dr. Luker performed a physical exam and reported normal findings

for all categories but K.N.’s skin. (Doc. 4-9, p. 8). Dr. Luker noted that K.N. had

“mild persistent asthma without complication” that was “controlled.” (Doc. 4-9, p.

29).

ALJ Hearing

On April 29, 2024, the ALJ held a hearing. (Doc. 4-3, pp. 51–61). Ms. Neal

attended the hearing without K.N. (Doc. 4-3, p. 53). The ALJ asked Ms. Neal

whether she would like to waive her right to representation and proceed with the

hearing or postpone the hearing to obtain representation. (Doc. 4-3, pp. 53–54). Ms.

Neal responded that she wanted to proceed and waived her right to representation.

(Doc. 4-3, p. 54).

The ALJ discussed the evidence in K.N.’s file and explained the standards

that govern a child’s cessation of benefits case before questioning Ms. Neal. (Doc.

4-3, pp. 54–56).

Ms. Neal testified that K.N. was in fourth grade, received speech services

through school, and was seeing a therapist for non-educational purposes. (Doc. 4-3,

p. 56). Ms. Neal indicated that she did not know whether the ALJ had information

about K.N.’s therapy. (Doc. 4-3, p. 56).

The ALJ told Ms. Neal that he had records from Vestavia Elementary, a

consultative psychological report, a consultative speech and language report, and

medical records from Dickens County Medical Center. (Doc. 4-3, pp. 56–57). The

ALJ explained that K.N.’s continuing disability review indicated that K.N. did not

have limitations in the six functional domains. (Doc. 4-3, pp. 57–58). Ms. Neal

asked if the ALJ had records from Jenkins and Richardson Associates and explained

that K.N. began seeing a therapist at Jenkins and Richardson Associates in January

of 2024. (Doc. 4-3, p. 59). Ms. Neal testified that she had faxed the records. (Doc.

4-3, p. 59). The ALJ responded that the Social Security Commission did not receive

evidence dated after July 2023. (Doc. 4-3, p. 59).

Ms. Neal disputed the ALJ’s statement and testified that she had confirmation

of faxing the records in December 2024. (Doc. 4-3, p. 60). The ALJ responded that

he did not “have it in the file” and that he could not rely on verbal statements. (Doc.

4-3, p. 60). The ALJ repeated that the most recent evidence in K.N.’s file was from

2023 and that no evidence had been received in 2024. (Doc. 4-3, p. 60). The ALJ

asked whether Ms. Neal had anything else she wanted to present. (Doc. 4-3, p. 60).

Ms. Neal responded that she did not, and the ALJ concluded the hearing. (Doc. 4-

3, pp. 60–61).

THE ALJ’S DECISION

The ALJ found that the CPD, i.e. the most recent favorable medical decision

finding that K.N. was disabled, is the determination dated November 24, 2020.

(Doc. 4-3, p. 34). The ALJ found that, at the time of the CPD, K.N. had a medically

determinable speech and language impairment that functionally equaled the listings.

(Doc. 4-3, p. 34). The ALJ found that medical improvement occurred as of February

14, 2023. (Doc. 4-3, pp. 34–35). The ALJ found that K.N. was a school-aged child

as of February 14, 2023. (Doc. 4-3, p. 35).

The ALJ concluded that K.N.’s speech language impairment had not

functionally equaled the listings since February 14, 2023. (Doc. 4-3, pp. 35–40).

The ALJ found that K.N.’s speech language impairment caused less than marked

limitations in the domains of acquiring and using information and health and

physical well-being. (Doc. 4-3, pp. 36, 39–40). The ALJ found that K.N.’s speech

language impairment caused no limitation in the domains of attending and

completing tasks, interacting and relating with others, moving about and

manipulating objects, and caring for herself. (Doc. 4-3, pp. 36–39).

The ALJ determined that K.N. had a severe impairment of low average

intellectual functioning. (Doc. 4-3, pp. 40–41). The ALJ determined that K.N. had

the non-severe impairments of below average speech language skills and mild

persistent asthma. (Doc. 4-3, p. 40). The ALJ found that, as of February 14, 2023,

K.N. had not had an impairment or combination of impairments that functionally

equaled the listings. (Doc. 4-3, pp. 41–45). The ALJ found that K.N. had less than

marked limitations in the domains of acquiring and using information and health and

physical well-being, and K.N. had no limitation in the domains of attending and

completing tasks, interacting and relating with others, moving about and

manipulating objects, and caring for herself. (Doc. 4-3, pp. 43–45).

Based on a review of the evidence, the ALJ concluded that K.N.’s disability

ended as of February 14, 2023 and that K.N. had not become disabled again. (Doc.

4-3, p. 45).

THE APPEALS COUNCIL’S DECISION

Ms. Neal asked the Commissioner to reconsider the ALJ’s decision. (Doc. 4-

3, pp. 23–26). Ms. Neal indicated that she was appealing the issue of overpayment

because “all funds that were given accommodated [K.N.].” (Doc. 4-3, pp. 23, 25).

To support her appeal, Ms. Neal submitted a letter from Dr. Luker dated

September 5, 2024 in which Dr. Luker explained that he had referred K.N. to

Children’s of Alabama Nephrology, and K.N. was being evaluated for pediatric

hypertension, (Doc. 4-3, p. 17); a fax from Dr. Luker dated August 30, 2024, stating

that K.N. was being seen for health issues at Children’s of Alabama, with the words

“prematurity/kidney” written below, (Doc. 4-3, p. 18); and a referral communication

form reflecting that K.N. was referred to nephrology at Children’s Hospital on

August 29, 2024, (Doc. 4-3, p. 19–20). The Appeals Counsel denied Ms. Neal’s

request for review. (Doc. 4-3, pp. 10–13).

EVIDENCE NOT IN THE ADMINISTRATIVE RECORD

In October 2025 and March 2026, Ms. Neal filed medical records

demonstrating K.N.’s history of high blood pressure. (Docs. 9, 10).26

According to those records, on July 10, 2024, K.N. visited University Medical

Center for a well-child examination. (Doc. 9, p. 14). Dr. Luker noted that K.N.

26 Ms. Neal submitted the records after the Commissioner filed an initial brief in this matter, (Doc.

6). Therefore, the Commissioner’s initial brief does not address this evidence. On March 26,

2026, the Commissioner responded to the evidence Ms. Neal filed in March 2026. (Doc. 11).

reported no new concerns or concerns with home and environmental safety. (Doc.

9, p. 14). K.N. was not using her Flovent inhaler for asthma but was using albuterol

at school as needed. (Doc. 9, p. 14). K.N. was meeting “all behavioral and

developmental milestones.” (Doc. 9, p. 14). K.N.’s grandmother reported that K.N.

stayed awake “later than she should” but otherwise reported no concerns with K.N.’s

sleep. (Doc. 9, p. 14). K.N. had adequate nutrition, no concerns with voiding or

stooling, and did not have a fever, infection, weight loss, fatigue, chest pain, or

shortness of breath. (Doc. 9, p. 14).27 Dr. Luker indicated that K.N. had boils,

chronic asthma, and a history of prematurity. (Doc. 9, p. 14). Dr. Luker’s physical

exam yielded normal results. (Doc. 9, pp. 16–17). Dr. Luker determined that K.N.

had elevated blood pressure, ordered labs, and recommended that K.N.’s caregivers

start keeping a log of K.N.’s blood pressure twice per day. (Doc. 9, p. 18). Dr.

Luker opined that K.N. was “overall” a “healthy 10-year-old girl.” (Doc. 9, p. 18).

On December 23, 2024, K.N. visited University Medical Center to follow up

on her blood pressure issues. (Doc. 9, p. 9). Paul Lavender Jr., M.D., noted that

K.N. had a history of high blood pressure readings at the clinic, was not on

medication, did not present complaints, and had “lots of stress at home.” (Doc. 9, p.

27 Dr. Luker abbreviates “shortness of breath” as “SOB.” See MEDLINE PLUS, Understanding

Medical Words: A Tutorial – Appendix B: Some Common Abbreviations, NATIONAL LIBRARY OF

MEDICINE (last updated March 6, 2020) https://medlineplus.gov/appendixb.html

[https://perma.cc/RK7V-FC54].

9). Dr. Lavender indicated that K.N. had boils, chronic asthma, and a history of

prematurity. (Doc. 9, p. 9). Dr. Lavender performed a physical exam that yielded

normal results. (Doc. 9, p. 11). Dr. Lavender determined that K.N. had slightly

elevated blood pressure on the first reading and normal blood pressure on a repeat

reading. (Doc. 9, p. 12). Dr. Lavender recommended that K.N.’s caregivers

continue to check her blood pressure at home and follow up with her primary care

provider in 3 to 4 months. (Doc. 9, p. 12).

Ms. Neal obtained a “good faith estimate” from Children’s of Alabama dated

April 22, 2025 that explained how much an anticipated nephrology visit for K.N.

would cost. (Doc. 9, pp. 1–2). The estimate listed K.N.’s diagnosis as high blood

pressure. (Doc. 9, p. 2). K.N. visited Children’s of Alabama’s nephrology clinic on

June 11, 2025. (Doc. 9, pp. 3, 5). Kyle Deville, M.D. ordered labs for “elevated BP

without diagnosis of hypertension.” (Doc. 9, pp. 3, 5). Dr. Deville indicated that

the clinic would call K.N.’s caregivers with results from a home blood pressure

monitor and follow up based on those results. (Doc. 9, p. 5). The lab and blood

pressure monitor results are not in the record.

On February 2, 2026, K.N. visited University Medical Center for a well-child

examination. (Doc. 10, p. 3). Dr. Luker noted that K.N. presented with pediatric

hypertension and was “rarely” using an inhaler for asthma. (Doc. 10, p. 3). K.N.

was “perform[ing] above grade level” and “earning all A’s in school.” (Doc. 10, p.

4). K.N. reported that she slept through the night, but did not sleep a minimum of

8.5 hours nightly. (Doc. 10, p. 4). K.N. failed a vision screening and had elevated

blood pressure. (Doc 10, pp. 6, 8). Dr. Luker’s physical exam yielded otherwise

normal results. (Doc. 10, pp. 6–7). To address K.N.’s high blood pressure, Dr.

Luker ordered labs and prescribed K.N. 12.5 mg of HCTZ daily. (Doc. 10, p. 8).28

Dr. Luker recommended that K.N. visit an optometrist to address her visual deficits.

(Doc. 10, p. 8). Dr. Luker opined that K.N. was “doing well and meeting all of her

developmental milestones.” (Doc. 10, p. 8). In a letter dated February 18, 2026, Dr.

Luker wrote that he was treating K.N. for “medical conditions involving her vision

and blood pressure” and indicated that K.N. required “breaks to use the restroom as

needed” because of medication side effects. (Doc. 10, p. 1).

STANDARD OF REVIEW

The scope of review in this matter is limited. “When, as in this case, the ALJ

denies benefits and the Appeals Council denies review,” the Court “review[s] the

ALJ’s ‘factual findings with deference’ and [his] ‘legal conclusions with close

scrutiny.’” Riggs v. Comm’r of Soc. Sec., 522 Fed. Appx. 509, 510–11 (11th Cir.

2013) (quoting Doughty v. Apfel, 245 F.3d 1274, 1278 (11th Cir. 2001)).

28 HCTZ, or Hydroochlorothiazide, is a “thiazide diuretic,” i.e. a “water pill.” MAYO CLINIC,

Hydrochlorothiazide (last updated Feb. 1, 2026) https://www.mayoclinic.org/drugs-

supplements/hydrochlorothiazide-oral-route/description/drg-20071841 [perma cc]. HCTZ is used

to treat high blood pressure and fluid retention. Id.

The Court must determine whether there is substantial evidence in the record

to support the ALJ's factual findings. “Substantial evidence is more than a scintilla

and is such relevant evidence as a reasonable person would accept as adequate to

support a conclusion.” Crawford v. Comm’r of Soc. Sec., 363 F.3d 1155, 1158 (11th

Cir. 2004). In making this evaluation, a district court may not “decide the facts

anew, reweigh the evidence,” or substitute its judgment for that of the ALJ. Winschel

v. Comm’r of Soc. Sec. Admin., 631 F.3d 1176, 1178 (11th Cir. 2011) (internal

quotations and citation omitted). If the ALJ’s factual findings are supported by

substantial evidence, then a district court “must affirm even if the evidence

preponderates against the Commissioner’s findings.” Costigan v. Comm’r, Soc. Sec.

Admin., 603 Fed. Appx. 783, 786 (11th Cir. 2015) (citing Crawford, 363 F.3d at

1158).

With respect to the ALJ’s legal conclusions, a district court must determine

whether the ALJ applied the correct legal standards. If the district court finds an

error in the ALJ’s application of the law, or if the court finds that the ALJ failed to

provide sufficient reasoning to demonstrate that the ALJ conducted a proper legal

analysis, then the court must reverse the ALJ’s decision. See Cornelius v. Sullivan,

936 F.2d 1143, 1145–46 (11th Cir. 1991).

DISCUSSION

Ms. Neal argues that the Secretary erred by failing to consider new medical

evidence. (Doc. 1, p. 5). Construing Ms. Neal’s complaint liberally, the Court

identifies three issues Ms. Neal raises. The Court must determine whether the

Appeals Council erred by denying review of Ms. Neal’s claim based on evidence

submitted after the ALJ’s decision; whether this Court should remand Ms. Neal’s

case for reconsideration based on new, material evidence; and whether the ALJ erred

by failing to obtain and review the therapist records Ms. Neal referenced during the

ALJ hearing.29

The Appeals Council did not err by declining to review the ALJ’s decision

based on the evidence Ms. Neal submitted after the ALJ rendered his decision.

With a few exceptions, the claimant is allowed to present new evidence

at each stage of this administrative process. See 20 C.F.R. § 404.900(b).

The Appeals Council must consider new, material, and chronologically

relevant evidence and must review the case if “the administrative law

judge’s action, findings, or conclusion is contrary to the weight of the

evidence currently of record.” [20 C.F.R.] § 404.970(b).

Ingram v. Comm’r of Soc. Sec. Admin., 496 F.3d 1253, 1261 (11th Cir. 2007).

“[W]hen a claimant properly presents new evidence to the Appeals Council, a

reviewing Court must consider whether that new evidence renders the denial of

29 The Commissioner argues that the ALJ’s decision is supported by substantial evidence. (Doc.

6). The Commissioner has addressed the new medical evidence Ms. Neal submitted to this Court

in March 2026, (see Doc. 11), but the Commissioner has not addressed the therapist records Ms.

Neal discussed during the administrative hearing. (See Docs. 6, 11).

benefits erroneous.” Ingram v. Comm’r of Soc. Sec. Admin., 496 F.3d 1253, 1262

(11th Cir. 2007).

As discussed above, Ms. Neal submitted new medical records to the Appeals

Council which indicate that K.N. was being evaluated and/or treated for kidney

disease. (Doc. 4-3, pp. 17–20). These records do not suggest that K.N.’s kidney

issues, alone or in combination with K.N.’s other impairments, caused K.N. marked

or severe impairments in any of the six functional domains. Therefore, the evidence

does not render the ALJ’s findings or conclusions contrary to the weight of the

evidence in the record, and the Appeals Counsel did not err by failing to review the

case and consider the new evidence.

Likewise, the new medical records Ms. Neal submitted to this Court do not

require this Court to remand Ms. Neal’s case for reconsideration. Pursuant to

sentence six of 42 U.S.C. § 405(g), a district Court must remand a benefits

application to the Commissioner for further development of the record if the

claimant demonstrates “that there is new evidence which is material and that there

is good cause for the failure to incorporate such evidence into the record in a prior

proceeding.” 42 U.S.C. § 405(g). Evidence is material if it is “relevant and

probative so that there is a reasonable possibility that it would change the

administrative result.” Caulder v. Bowen, 791 F.2d 872, 877 (11th Cir. 1986). Like

the records submitted to the Appeals Council, the records submitted to this Court do

not suggest that K.N. has an impairment or combination of impairments that cause

marked or severe impairment in any of the six functional domains. Ingram, 496 F.3d

at 1261. Thus, the evidence is not material and does not provide grounds for a

sentence six remand.

Turning to the third question, the ALJ erred when he failed to obtain and

review the therapy records Ms. Neal identified during the hearing.

A social security claimant “bears the burden of proving that [she] is disabled”

and “is responsible for producing evidence to support her claim.” Larry v. Comm’r

of Soc. Sec., 506 Fed. Appx. 967, 968–69 (11th Cir. 2013) (citing Ellison v.

Barnhart, 355 F.3d 1272, 1276 (11th Cir. 2003)). Yet, “[b]ecause a hearing before

an ALJ is not an adversary proceeding, the ALJ has a basic obligation to develop a

full and fair record.” Larry, 506 Fed. Appx. at 968–69 (quoting Cowart v.

Schweiker, 662 F.2d 731, 735 (11th Cir. 1981)). Developing the record “is an

onerous task, as the ALJ must ‘scrupulously and conscientiously probe into, inquire

of, and explore for all relevant facts.’” Henry v. Comm’r of Soc. Sec., 802 F.3d 1264,

1267 (11th Cir. 2015) (quoting Cowart, 662 F.2d at 735). When a claimant proceeds

pro se, the ALJ’s duty to develop the record is heightened. Wisner v. Astrue, 496 F.

Supp. 2d 1299, 1302 (N.D. Ala. 2007) (citing Cowart, 662 F.2d 731, 735 (11th Cir.

1981)); see Santos v. Soc. Sec. Admin., Comm’r, 731 Fed. Appx. 848, 854 (11th Cir.

2018) (“This duty is greater for an unrepresented claimant[.]”) (citing Graham v.

Apfel, 129 F.3d 1420, 1422–23 (11th Cir. 1997); Hudson v. Heckler, 755 F.2d 781,

784–85 (11th Cir. 1985)).

“In determining whether a claimant is disabled, the ALJ must consider the

evidence as a whole.” Henry, 802 F.3d at 1267 (citing Spencer v. Heckler, 765 F.2d

1090, 1093 (11th Cir. 1985) (per curiam)). Accordingly, “remand for further factual

development of the record before the ALJ is appropriate where ‘the record reveals

evidentiary gaps which result in unfairness or clear prejudice.’” Henry, 802 F.3d at

126 (quoting Brown v. Shalala, 44 F.3d 931, 935 (11th Cir. 1995) (per curiam)).

Here, the ALJ did not fulfill his duty to develop a full and fair record. As

discussed, Ms. Neal stated that K.N. saw a therapist before the ALJ hearing and that

she faxed therapy records to the Administration. (Doc. 4-3, p. 59). The ALJ stated

that he did not have those records, and there is no indication that the ALJ allowed

Ms. Neal to submit the records or that he otherwise attempted to obtain those records.

In light of Ms. Neal’s pro se status and comments about missing records during the

hearing, the ALJ’s duty to “scrupulously and conscientiously probe into . . . all

relevant facts” required him to provide Ms. Neal an opportunity to submit the records

or to otherwise make reasonable attempts independently to obtain and review the

records before he decided Ms. Neal’s claim. Henry, 802 F.3d at 1267.

Because the record before this Court does not include the therapy records

identified during the ALJ hearing, this Court “ha[s] no way of knowing” whether the

records would support Ms. Neal’s allegations of K.N.’s functional deficits. Brown,

44 F.3d at 931, 936.30 “In the absence of proof to the contrary, however, we must

assume that [the records] [would] lend credence to her allegations.” Brown, 44 F.3d

931, 936. Ms. Neal would be “undoubtedly prejudiced” by a “lack of medical . . .

documentation supporting [her] allegations of disability.” Brown, 44 F.3d at 935–

36. Accordingly, the Court finds that the ALJ failed to develop the record, and Ms.

Neal was prejudiced as a result.

CONCLUSION

“The ALJ did not satisfy his duty to develop a full and fair record [citation

omitted] and correlatively, did not consider the evidence as a whole.” Henry, 802

F.3d at 1270. The ALJ’s failure to determine whether the therapy records identified

by Ms. Neal contained evidence of K.N.’s functional deficits resulted in an unfair

and prejudicial judgment regarding the child’s disability status. See Henry, 802 F.3d

at 1270 (citing Brown, 44 F.3d at 935–36). Accordingly, pursuant to sentence four

of 42 U.S.C. § 405(g), the Court will reverse the Commissioner’s decision and

remand this matter for determination of whether the therapy records from Jenkins

30 Likewise, the Court is unable to determine whether the therapy records are “chronologically

relevant” because although the records post-date the cessation of disability determination, the

Court cannot ascertain whether they contain medical opinions that “relate back to” the date of that

decision. See Washington v. Soc. Sec. Admin., Comm’r, 806 F.3d 1317, 1322 (11th Cir. 2015).

and Richardson Associates contain information that would affect the ALJ’s findings

and conclusions.

DONE and ORDERED this March 27, 2026.

ft DELINE HUGHES HAIKALA

UNITED STATES DISTRICT JUDGE

48

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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