United States Tenth Circuit

Denial of an application for social security disability benefits (SSD) and supplemental security income benefits (SSI) under the Social Security Act is affirmed over a claim that an ALJ erred in determining that claimant's impairment did not meet or medically equal Listing 12.05(B) for mental retardation. In the absence of a valid IQ score of 59 or less, the severity prong (B) of Listing 12.05 is not met, and factual determinations on the validity of an IQ score is within the province of an ALJ and will be upheld when supported by substantial evidence.

Appellate Information

• Decided 06/06/2007
• Published 06/07/2007

Judges

• BRISCOE, Circuit Judge., Before BRISCOE, McWILLIAMS, and TYMKOVICH, Circuit Judges.

Court

• United States Tenth Circuit

Counsel

• For Appellant:
  
• Scott L. Johnson, Tilton & Tilton, Chtd., Topeka, KS, for Plaintiff-Appellant.


• For Appellees:
  
• Christina Young Mein, Special Assistant United States Attorney, Topeka, KS, (Eric F. Melgren, United States Attorney, Topeka, KS;  Frank V. Smith III, Chief Counsel, Region VII, Social Security Administration, with her on the brief), for Defendant-Appellee.