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Scott v. Astrue

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Submitted: January 17, 2008

Before WOLLMAN, BRIGHT, and SMITH, Circuit Judges.

Appellant, Viola Scott (“Scott”), on behalf of her minor son, Absalom Scott (“Absalom”), applied for Supplemental Social Security Benefits under Title XIX of the Social Security Act. Scott claimed her son was disabled due to speech, learning, and behavioral problems. The Social Security Commissioner (“Commissioner”) denied Scott’s claim and the district court affirmed. Scott now appeals the district court’s order affirming the Commissioner’s decision and argues that substantial evidence does not support the Commissioner’s conclusion that Absalom’s impairments did not meet or medically equal any listed impairment. Scott argues that substantial evidence supports a finding that Absalom’s severe impairments met the listed impairment for mental retardation.

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