899 F.2d 1224
Unpublished Disposition
NOTICE: Ninth Circuit Rule 36-3 provides that dispositions other than opinions or orders designated for publication are not precedential and should not be cited except when relevant under the doctrines of law of the case, res judicata, or collateral estoppel.
Kathleen BURT, Plaintiff-Appellee,
v.
Louis W. SULLIVAN, Secretary of Health and Human Services
**, Defendant-Appellant.
No. 88-3990.
United States Court of Appeals, Ninth Circuit.
Submission Deferred Oct. 6, 1989.
Resubmitted March 28, 1990.*
Decided April 4, 1990.
Before TANG, CYNTHIA HOLCOMB HALL and BRUNETTI, Circuit Judges.
MEMORANDUM***
Defendant-appellant Sullivan, Secretary of Health & Human Services, appeals the district court's decision that the Secretary's regulation, 20 C.F.R. Sec. 416.924, for adjudicating childhood disability claims under the Supplemental Security Income program is inconsistent with the terms of the Social Security Act, 42 U.S.C. Sec. 1382c(a)(3)(A), and therefore is invalid. We affirm. See Sullivan v. Zebley, 110 S.Ct. 885, 897 (1990).
Plaintiff-appellee Kathleen Burt was born in April, 1984 with a complete right cleft lip and palate. Surgery partially repaired the lip, but Burt still needed speech therapy, palate closure, and additional lip surgery. Without further treatment, she would have a severe speech impairment and no employment opportunities.
The Administrative Law Judge (ALJ) concluded that Burt would be unable to perform a significant number of jobs and found her disabled. The Appeals Council, applying 20 C.F.R. Sec. 416.924, reversed the ALJ's decision and held that Burt was not disabled under the regulation. The district court reversed the Appeals Council, holding that 20 C.F.R. Sec. 416.924 was invalid, and granted Burt's motion for summary judgment regarding her disability, because the ALJ's findings as to the disability were supported by substantial evidence. The Secretary appeals this ruling, contending that 20 C.F.R. Sec. 416.924 is valid and that under the regulation Burt is not disabled. Upon the parties' stipulation, this court deferred submission of this case pending the outcome of Sullivan v. Zebley, 855 F.2d 67 (3d Cir.1988), cert. granted, 109 S.Ct. 2062 (1989).
The United States Supreme Court has recently ruled that 20 C.F.R. Sec. 416.924 is invalid. See Sullivan v. Zebley, 110 S.Ct. 885, 897 (1990). The district court's order is therefore AFFIRMED.
AFFIRMED.
The panel unanimously finds this case suitable for decision without oral argument. Fed.R.App.P. 34(a); Circuit Rule 34-4
Louis W. Sullivan is substituted for his predecessor Otis R. Bowen, Secretary of Health and Human Services, pursuant to Fed.R.App.P. 43(c)(1)
This disposition is not appropriate for publication and may not be cited to or by the courts of this circuit except as provided by Circuit Rule 36-3