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· 12/31/2013

Richard Kennedy v. Carolyn W. Colvin

Citations

  • 738 F.3d 1172
  • 2013 WL 6851030
  • 2013 U.S. App. LEXIS 25861

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that a claimant cannot meet or medically equal Listing 12.05C or D if her IQ score is higher than 70
  • finding that listed impairments contain “strict standards because they automatically end the five-step inquiry, before residual functional capacity is even considered”
  • finding that listed impairments contain “strict standards because they automatically end the five-step inquiry, before residual functional capacity is even considered”
  • explaining that if the ALJ finds a claimant’s impairments meet or equal a listed impairment under Step Three, “the claimant is considered disabled and benefits are awarded, ending the inquiry”
  • requiring an ALJ to engage in an equivalency determination only when the claimant presents evidence in an effort to establish equivalence
  • “[Step three listings] are purposefully set at a high level of severity because 10 the ‘listings were designed to operate as a presumption of disability that makes further 11 inquiry unnecessary.’”

Source: CourtListener parenthetical corpus (CC0).

Judges: Clifton, Fisher, James, Raymond, Richard, Singleton

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.