Nadine Reed v. Larry G. Massanari, Acting Commissioner of Social Security

The Commissioner of Social Security determined that Nadine Reed is not entitled to disability benefits or supplemental security income. The district court granted summary judgment in favor of the Commissioner on Reed’s challenge to that decision, and Reed appeals. We find that the Administrative Law Judge rejected for an improper reason Reed’s request for a consultative examination. We therefore reverse and remand for further proceedings.

I.

Born in 1959, Reed was employed for almost a decade as a nurse’s aid, until poor health forced her to resign. She later worked for approximately one year as a post office clerk but quit in 1993 after a dispute with her coworkers.

For over ten years, Reed has suffered from systemic lupus erythematosus, known as “SLE,” or simply “lupus.” An autoimmune disease primarily afflicting young women, lupus has various manifestations, including inflammation of the kidneys and lesions on the skin. Reed also complains of fatigue and chronic lower back pain. Beginning in January 1991, she received treatment at the South Central Primary Care Center and Maricopa Medical Center in Phoenix, Arizona.

In January 1994, Reed applied for disability benefits…