CopyCited 21 times | Published | Court of Appeals for the Eleventh Circuit | 2004 U.S. App. LEXIS 24691, 2004 WL 2711874
...The ALJ ruled,
6
however, that the limitations on Yvonne’s activities arising from this impairment
did not “meet[] or medically equal . . . [or] functionally equal” any of the
limitations specified in the Listings for sickle cell disease. Id., at 8.
Section 107.05 of the Listings specifies the limitations that an individual
with sickle cell disease may have which count as “marked and severe.” These
include:
A....
...Chronic, severe anemia with persistence of hematocrit of 26 percent or
less; or
E. Congestive heart failure, cerebro-vascular damage, or emotional disorder
as described under the criteria in [other sections of the C.F.R.].
Listing § 107.05.
Yvonne presented two types of evidence to demonstrate that she suffered
from the limitation described in Listing § 107.05(A), “[r]ecent, recurrent, severe
vaso-occlusive crises.” First, she offered the testimony of her mother as to the
pain Yvonne felt and the apparent crises she suffered....
...cal evidence. He
wrote,
Dr. Wall [Yvonne’s physician], in her statement of January 4, 2001,
noted that there was a reasonable degree of medical certainty that the
child could have one of these [limitations specified in § 107.05A]
happen....
...people with sickle cell disease may suffer that count as sufficiently “marked and
severe” to render a person disabled. Yvonne claims only that she suffers from one
of them—“[r]ecent, recurrent, severe vaso-occlusive crises (musculoskeletal,
vertebral, abdominal).” Listing § 107.05A....
