



Disabilities: Attention deficit hyperactive disorder (ADHD), and learning disorder
Report & Recommendation on Plaintiff's Motion for Summary Judgement
Federal Magistrate Judge: Robert L. Dube
United States District Court: Eleventh Circut, Southern District of Florida
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The Eleventh Circuit reviewed listing impairments and stated as follows: "The Listing of Impairments describes, for each of the major body systems, impairments which are considered severe enough to prevent a person from doing any gainful activity. See 20 C.F.R. § 404. 1525(a). Part A of the Listing of Impairments contains medical criteria that apply to adults age 18 and over. See 20 C.F.R. § 404. 1525(b); see also 20 C.F.R. § 404, Sub pt. P, App. 1. To "meet" a Listing, a claimant must have a diagnosis included in the Listings and must provide medical reports documenting that the conditions meet the specific criteria of the Listings and the duration requirement. Id. 20 C.F.R. § 404. 1525(a)-(d). To "equal" a Listing, the medical findings must be 'at least equal in severity and duration to the listed findings.' See 20 C.F.R. § 404.1526(a). If a claimant has more than one impairment, and none meets or equals a listed impairment, the Commissioner reviews the impairments' symptoms, signs, and laboratory findings to determine whether the combination is medically equal to any listed impairment." Wilson v. Barnhart, 284 F. 3d 1219 (11th Cir. 2002).
Additionally, while the ALJ must consider whether a claimant meets a listing, the ALJ need not mechanically recite that a claimant does not meet a listing in his decision, as this fact may be implied from the record. Hutchinson v. Bowen, 787 F. 2d 1461, 1463 (11th Cir. 1986).
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