Brooks
Brooks v. Barnhart
Opinion
Lead Opinion
MEMORANDUM **
Claimant Donna Brooks appeals the district court’s judgment affirming the Commissioner’s denial of Title II Social Security disability benefits. We have jurisdiction pursuant to 28 U.S.C. § 1291 and review the district court’s order de novo. Benton ex. rel. Benton v. Barnhart, 331 F.3d 1030, 1035 (9th Cir.2003). The decision of the Commissioner must be affirmed if the Commissioner applied the correct legal standards and the decision is supported by substantial evidence. Id. We affirm.
The claimant argues that the administrative law judge (ALJ) erred in failing to consider whether she qualifies as disabled under the mental retardation listing 12.05, found at 20 C.F.R. pt. 404, subpt. P, app. 1, because an intelligence quotient (IQ) test in the record falls within the ranges of paragraphs B or C. 1 To establish that she meets either listing, the claimant must show that she has:
Id. § 12.05. In addition, she must establish that she has a valid IQ score within the ranges set forth in paragraph B or C. Id. §§ 12.00(A), 12.05(B), 12.05(C). Paragraph C further requires an additional severe mental or physical impairment that imposes “an additional and significant…