White

White v. Barnhart

Good Law
153 F. App'x 432
United States Court of Appeals for the Ninth CircuitNovember 3, 2005No. 04-55154California444 words

Opinion

Lead Opinion

MEMORANDUM **

Regina A. White (“White”) appeals the district court’s affirmance of Commissioner Barnhart’s denial of disability benefits. White argues that in finding her “not disabled” the Administrative Law Judge (“ALJ”) improperly relied solely on the Social Security Administration’s “Medical Vocational Guidelines” (“Grids”). As the parties are familiar with the facts, we do not recite them in detail. We reverse the district court’s judgment and order a remand to the Commissioner for reconsideration of White’s disability after consultation with a vocational expert.

Social Security Ruling (“SSR”) 96-9p makes clear that the medically required use of a cane or other “hand-held assistive device” can erode a claimant’s occupational base so that an ALJ may not rely on the Grids alone in determining whether that claimant is “disabled” for Social Security purposes. Here the record lacks the substantial evidence that is required to support the AL J’s finding.

In his evaluation of White, Dr. Workmon (whose medical opinion was the one relied on by the ALJ) found that she used a cane for ambulation, that she could walk without it for only a short distance and that when she did not use…

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