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Johnson v. Astrue, No. 10-1124

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By FindLaw Staff on December 06, 2010 5:26 PM

Denial of SSI Benefits Affirmed

In Johnson v. Astrue, No. 10-1124, plaintiff's appeal from the district court's affirmance of the Social Security Commissioner's denial of his claim for Supplemental Security Income, the court affirmed where 1) the record of plaintiff's IQ was sufficiently developed, and the ALJ did not commit reversible error by failing to request that a doctor administer an IQ test; and 2) the residual functional capacity finding employed in the hypothetical to the vocational expert was acceptable, and the ALJ's finding based on the expert's response was supported by substantial evidence.

As the court wrote:  "Scott Johnson is a 34-year-old male who suffers from anxiety and obsessive compulsive disorder and has borderline intellectual functioning.  He graduated 49th from a high school graduating class of 140 students and attended a few college classes before dropping out.  Johnson was diagnosed in October 1994 at age 18 with obsessive compulsive disorder, dysthmia, possible development disorders, and immature personality disorder."

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