Florom

MEMORANDUM **

Dawn Florom appeals the district court’s grant of summary judgment affirming the Commissioner of the Social Security Administration’s (“Commissioner”) denial of disability insurance benefits (“DIB”) and supplemental security income benefits (“SSI”). The Administrative Law Judge (“ALJ”) found that the medical evidence established that Florom had a severe impairment, but that Florom retained a residual functional capacity (“RFC”) for light work, and was therefore capable of returning to her former work as a cashier at K-Mart. In so concluding, the ALJ improperly treated Florom’s earlier work as “substantial gainful activity” and inadequately analyzed whether her RFC permitted her to perform the job duties of a cashier. We have jurisdiction under 28 U.S.C § 1291, and we reverse and remand for further proceedings.

I.

In concluding that Florom retained the physical and mental RFC to perform light work and could therefore return to her past work as a K-Mart cashier, the ALJ determined that Florom’s prior work was relevant because it constituted substantial gainful activity. Because this determination is not supported by substantial evidence, we conclude that it was…