Richard Kennedy v. Carolyn W. Colvin
738 F.3d 1172
| 9th Cir. | 2013Background
- Kennedy appeals a district court decision denying SSI benefits after an ALJ found no disability at steps three through five.
- Kennedy has an IQ of 71 and argues he medically equals Listing 12.05C due to severe physical impairments.
- Listing 12.05C requires: subaverage functioning with onset before age 22, an IQ of 60–70, and an additional significant impairment.
- The ALJ concluded Kennedy did not meet or medically equal 12.05C because his IQ is above 70.
- The court follows Zebley, requiring medical findings equal in severity to all criteria of the most similar listing for equivalence.
- Kennedy challenges the relevance of POMS and argues for equivalence, but the court rejects this and affirms the denial.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether Kennedy medically equals Listing 12.05C | Kennedy contends severe physical impairments compensate for IQ gap. | Equivalence requires equal severity to all 12.05C criteria individually. | Kennedy does not equal 12.05C; district court affirmed. |
Key Cases Cited
- Sullivan v. Zebley, 493 U.S. 521 (U.S. Supreme Court 1990) (equivalence requires equal severity to all criteria of the most similar listed impairment)
- Lewis v. Apfel, 236 F.3d 503 (9th Cir. 2001) (controverts medical equivalence when IQ exceeds 70)
- Marcia v. Sullivan, 900 F.2d 172 (9th Cir. 1990) (ALJ must discuss evidence supporting conclusion but need not structure under 'Findings')
- Burch v. Barnhart, 400 F.3d 676 (9th Cir. 2005) (equivalency determination requires appropriate discussion of evidence)
- Carillo-Yeras v. Astrue, 671 F.3d 731 (9th Cir. 2011) (POMS is persuasive but not controlling; Zebley governs equivalence standard)