holding that a claimant had not met his burden of establishing that his intellectual disability “exist[ed] before age 22” where medical reports predating the qualifying IQ result were silent regarding claimant’s intellectual capacity, even though the earlier physicians did not administer intelligence tests
How later courts described this case
- holding that a claimant had not met his burden of establishing that his intellectual disability “exist[ed] before age 22” where medical reports predating the qualifying IQ result were silent regarding claimant’s intellectual capacity, even though the earlier physicians did not administer intelligence tests
- holding that where the claimant had worked for 22 years in a steel drum factory and as a security guard for about a year, the claimant’s ability “to maintain a job for most of his adult life” called his mental retardation into doubt
- explaining that the pinnacle legal principal that applies to the assessment of all of the other standards: A district court is not empowered to weigh the evidence or substitute its conclusions for those of the ALJ
- holding that the failure to demonstrate that mental retardation onset occurred before age 22 precluded a finding of impairment despite production of evidence of a significant mental impairment
Written by the judges who cited it.
The opinion
SUR PETITION FOR REHEARING
Aug. 13, 1992.
Before: SLOVITER, Chief Judge; BECKER, STAPLETON, MANSMANN, GREENBERG, HUTCHINSON, SCIRICA, COWEN, NYGAARD, ALITO, ROTH, and GARTH * , Circuit Judges.
*1195 The petition for rehearing filed by appellant having been submitted to the judges who participated in the decision of this court and to all the other available circuit judges of the circuit in regular active service, and no judge who concurred in the decision having asked for rehearing, and a majority of the circuit judges of the circuit in regular active service not having voted for rehearing by the court in banc, the petition for rehearing is denied.