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BEAUVOIR v. CHATER

No. 342, Docket 96-6082.

104 F.3d 1432 (1997)

Gary BEAUVOIR, Plaintiff-Appellant, v. Shirley S. CHATER, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 21, 1997.

Attorney(s) appearing for the Case

Stanley F. Meltzer, Meltzer, Fishman, Madigan & Campbell, New York City, for Plaintiff-Appellant.

Gwen Pollak, Assistant United States Attorney, Eastern District of New York, Brooklyn, NY (Zachary W. Carter, United States Attorney, Varuni Nelson, Bruce H. Nims, Assistant United States Attorneys, of counsel), for Defendant-Appellee.

Before: OAKES, VAN GRAAFEILAND, and WINTER, Circuit Judges.

WINTER, Circuit Judge:

Gary Beauvoir appeals from Judge Raggi's decision upholding the Social Security Administration's denial of disability insurance benefits to Beauvoir beyond September 30, 1990. Beauvoir asserts that he continues to suffer from an inability to speak that constitutes a listed impairment under 20 C.F.R. § 404, Subpart P, App. 1, Listing 2.09 ("Listing 2.09"). We hold that Beauvoir's ability to speak in a sustained whisper is not within Listing...

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