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UNITED STATES DISTRICT COURT DISTRICT OF MAINE

KEITH COLEMAN, o/b/o A.P., Plaintiff v. MICHAEL J. ASTRUE, Commissioner of Social Security, Defendant

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Civil No. 09-8-P-H

REPORT AND RECOMMENDED DECISION 1

This Supplemental Security Income ("SSI") appeal arises out of an application for benefits submitted by the plaintiff on behalf of his minor son. The plaintiff contends that the administrative law judge erred in failing to consider certain evidence, failing to consider the effect of a structured or supportive environment in assessing the severity of his son's impairment, wrongly failed to find that his son suffered from the additional severe impairments of borderline intellectual functioning and oppositional defiant disorder, and failed to consider certain evidence in deciding whether his son's impairments functionally equaled the criteria of an impairment included in Appendix 1 to 20 C.F.R. Part 404, Subpart P (the "Listings"). I recommend that the court vacate the commissioner's decision.

1

This action is properly brought under 42 U.S.C.

Download JHR_10292009_2-09cv8_Coleman_v_Astrue_AFFIRMED_11172009.pdf

Maine Law