United States Second Circuit

In an action involving children's eligibility for Supplemental Security Income Benefits, district court's grant of summary judgment for defendant is affirmed where the Commissioner of Social Security's interpretation of the Social Security Act Act and the disputed policy implementing the the Act's provisions for determining children's eligibility for Supplemental Security Income Benefits is entitled to deference under Skidmore. The Commissioner is thus not required to engage in cross-domain combination of less-than-marked limitations, and the regulations adequately take into account the combined effect of a child-s impairments.

Appellate Information

• Decided 06/04/2009
• Published 06/04/2009

Judges

• McLAUGHLIN, Circuit Judge:, Before:  McLAUGHLIN, WESLEY, and HALL, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Jeffrey S. Trachtman, Kramer Levin Naftalis & Frankel LLP (Jessica Glass, Kramer Levin Naftalis & Frankel LLP;  James M. Baker, Christopher James Bowes, Center for Disability Advocacy Rights;  Kenneth Rosenfeld, Matthew J. Chachere, Northern Manhattan Improvement Corporation Legal Services, on the brief), New York, New York, for Plaintiffs-Appellants.


• For Appellees:
  
• Susan D. Baird, Assistant U.S. Attorney (Michael J. Garcia, U.S. Attorney for the Southern District of New York, David S. Jones, Assistant U.S. Attorney, on the brief), New York, New York, for Defendant-Appellee.