Legal Opinion

Novy v. Astrue

Court of Appeals for the Seventh Circuit

Decided August 14, 2007No. 06-3897PublishedCited by 28 opinions

1Opinion of the Court

POSNER, Circuit Judge.

Patricia Novy, age 35, applied unsuccessfully for social security disability benefits. The principal issue and the only one we need discuss involves her claim of being mentally retarded. Her main evidence of retardation is her low IQ—69—though there is also evidence from psychologists and other medical professionals that, as one would expect, she has poor memory, confused thinking, and, as her brief puts it, “marginal ability to navigate social encounters and activities of daily living.”

The applicable regulation defines mental retardation as “significantly subaverage…

2Cases cited8 opinions

  1. Theresa E. Foster v. William A. HalterCourt of Appeals for the Sixth Circuit · 2002
  2. Curtis SELDERS, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-AppelleeCourt of Appeals for the Fifth Circuit · 1990
  3. Judith Mendez v. Jo Anne B. BarnhartCourt of Appeals for the Seventh Circuit · 2006
  4. Timothy R. HINKLE, Plaintiff-Appellant, v. Kenneth S. APFEL, Commissioner, Social Security Administration, Defendant-AppelleeCourt of Appeals for the Tenth Circuit · 1997
  5. Vicki Banks v. Larry G. Massanari, 1 Commissioner of Social Security CommissionCourt of Appeals for the Eighth Circuit · 2001

3 more not listed; retrieve them via the Exa API.

3Cited by28 opinions

  1. Talavera v. Comm’r of Social SecurityCourt of Appeals for the Second Circuit · 2012
  2. Hooper v. ColvinDistrict Court, S.D. New York · 2016
  3. Gonzalez-Cruz v. Comm'r of Soc. Sec.District Court, W.D. New York · 2018
  4. Randall v. AstrueCourt of Appeals for the Fifth Circuit · 2009
  5. Burnette v. ColvinCourt of Appeals for the Second Circuit · 2014

23 more not listed; retrieve them via the Exa API.

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