HODGES v. BARNHART

No. 01-11387.

276 F.3d 1265 (2001)

Essie HODGES, Plaintiff-Appellant, v. Jo Anne B. BARNHART, Commissioner of Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Eleventh Circuit.

December 21, 2001.


Attorney(s) appearing for the Case

James P. Frey, Jr., James P. Frey, Jr., PC, Birmingham, AL, for Hodges.

Shirley I. McCarty, Winfield J. Sinclair, Birmingham, AL, Marilynn Burt Kelm, Office of General Counsel, SSA, Atlanta, GA, for Barnhart.

Before ANDERSON, Chief Judge, BLACK, Circuit Judge, and MORENO, District Judge.


MORENO, District Judge:

This is an appeal from a denial of social security benefits for mental retardation where the plaintiff did not present affirmative evidence of such disability before the age of twenty-two. The administrative law judge did not presume from the evidence of present mental deficiency that the claimant was mentally retarded before the age of twenty-two. We agree with other circuits in concluding that there is a presumption that mental retardation...

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