Breoade V. v. Commissioner, Social Security Administration

Summary

The United States magistrate judge recommends reversing and remanding the Commissioner of Social Security’s denial of disability benefits. The recommendation concludes that the administrative law judge failed to properly consider whether the claimant’s walker was medically necessary and failed to incorporate that limitation adequately into the residual functional capacity and vocational-expert analysis. The report was issued pursuant to 28 U.S.C. § 636(b), with objections due within 14 days after service.

Holdings

1. The objective medical evidence established the plaintiff's need for a hand-held assistive device and described the circumstances of its use, so the ALJ erred by failing to consider walker use in the residual functional capacity. A prescription for the walker was not required and was not dispositive.
2. The ALJ's vocational-expert questioning did not adequately incorporate the medically necessary walker limitation, and the record was unclear whether the Commissioner met the step-five burden to prove the plaintiff's employability.
3. The ALJ's errors were not harmless because they cast doubt on the step-five disability determination and it was conceivable that the ALJ could reach a different decision on further review.

Questions Presented

1. Whether the ALJ erred by failing to account for the plaintiff's medically necessary walker use in determining the residual functional capacity.
2. Whether the ALJ's vocational-expert hypotheticals adequately incorporated the plaintiff's limitations and established that he could perform other work at step five.
3. Whether the ALJ's errors were harmless.

Disposition

reversed_and_remanded