Ash v. Colvin, No. 15-1133 (8th Cir. 2016)
Annotate this CasePlaintiff appealed the denial of her application for Social Security disability insurance benefits and supplemental security income. The court concluded that substantial evidence supported the ALJ’s finding that plaintiff did not meet the requirements for mental retardation in Listing 12.05C; that the ALJ characterized plaintiff's impairment as mild mental retardation at step two did not preclude the ALJ on this record from finding at step three that plaintiff did not exhibit deficits in adaptive functioning; and therefore, the court affirmed the judgment.
Court Description: Colloton, Author, with Wollman and Kelly, Circuit Judges] Civil case - Social Security. The ALJ did not err in finding claimant did not meet the requirements for mental retardation in Listing 12.05C; the fact that the ALJ characterized claimant's impairment as mild retardation at step two of the five-step sequential evaluation process used to evaluate disability claims did not preclude the ALJ on this record from finding at step three that claimant did not exhibit deficits in adaptive functioning and did not, therefore, meet the requirements in the Listing; as a result, the denial of benefits is affirmed. Judge Kelly, concurring.
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