LOWRY v. ASTRUE
United States Court of Appeals, Second Circuit.
April 6, 2012.
Apparently conceding that J.B. did not receive “intravenous bronchodilator or antibiotic administration or prolonged inhalational bronchodilator therapy” during all five identified visits, Lowry asserts in her reply brief that the intensive-treatment requirement can be satisfied not only by the treatments identified in § 3.00(C), but also by treatments of similar intensity. Even if we were to agree with this argument and not deem it waived, the only treatments of comparable intensity that Lowry identifies were administered to J.B. in January and March of 2008, nearly a year outside of the twelve-month period in which she maintains that J.B. suffered six asthma attacks. Accordingly, we conclude that substantial evidence supported the ALJ’s finding that J.B.’s asthma did not satisfy the requirements of the Listing of Impairments for asthma.