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GARCIA v. COMMISSIONER OF SOCIAL SEC.

No. 12-15686.

768 F.3d 925 (2014)

Stephanie GARCIA, Plaintiff-Appellant, v. COMMISSIONER OF SOCIAL SECURITY, Defendant-Appellee.

United States Court of Appeals, Ninth Circuit.

Filed September 23, 2014.

Attorney(s) appearing for the Case

Lawrence David Rohlfing (argued), Law Offices of Lawrence D. Rohlfing, Santa Fe Springs, CA, and Cyrus Safa , Grancell, Stander, Reubens, Thomas and Kinsey, San Diego, CA, for Plaintiff-Appellant.

Donna Wade Anderson (argued), Supervisory Attorney, and Patrick William Snyder , Special Assistant United States Attorney, Social Security Administration Office of General Counsel, San Francisco, CA, for Defendant-Appellee.

Opinion by Judge MURGUIA; Dissent by Judge O'SCANNLAIN.

OPINION

MURGUIA, Circuit Judge:

Stephanie Garcia appeals from the district court's order affirming the Commissioner of Social Security's (the "Commissioner") denial of benefits on the basis that she was not intellectually disabled. Garcia argues that the administrative law judge (ALJ) who determined that she was not disabled had a duty to develop the record because that record did not include a complete set of valid IQ scores. We agree that the ALJ had a...

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