James T. YOUNG, Plaintiff-Appellee, v. Louis W. SULLIVAN, M.D., Defendant-Appellant

ORDER

The memorandum filed May 3, 1990, 902 F.2d 42 , is amended and redesignated as an opinion, authored by Judge Choy.

OPINION

This case involves a dispute between Appellant Secretary of Health and Human Services (“Secretary”), and Appellee James T. Young about whether Young was permanently disabled within the period of his coverage. After a hearing, an administrative law judge (AU) denied Young permanent disability benefits. The Appeals Council affirmed the AU opinion, thereby making it the final decision of the Secretary. On judicial review, the district court reversed the AU and held that Young was per se disabled because his impairment was severe and was one of the listed impairments that compel a finding of permanent disability. The Secretary timely appealed.

We reverse the ruling of the district court. It is not enough for an applicant to show he has a severe impairment that is one of the listed impairments to find him per se disabled. An applicant must show that his impairment meets or equals the severity and durational requirements for the applicable impairment. Key v. Heckler, 754 F.2d 1545, 1549-50 (9th Cir.1985).

Because the AU’s finding that Young’s impairment…