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Kennedy v Colvin, 738 F. 3d 1172 (C.A. 9, 2013), 198 Soc Sec Rep Serv 485

Date: 
12/31/2013
Author: 
Judge Fisher

The panel of the United States Court of Appeals for the Ninth Circuit affirmed the district court’s judgment affirming the SSA’s denial of claimant’s SSI application.  At step III, a claimant establishes a disability if he meets or equals a listed impairment.  The claimant alleged that he medically equaled  Listing  12.05C  because  his  physical  impairments were  so  severe  that  they  compensated  for  the  one-point difference between his IQ score and the score required under the Listing.  The panel held that the claimant was required to demonstrate that he medically equaled each of the individual criteria under listing 12.05C, and concluded that he failed to do so.

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