Dobson
Dobson v. Astrue
Opinion
lead Opinion
MEMORANDUM **
Brenda S. Dobson appeals the district court’s judgment affirming the Commissioner’s final decision denying her application for disability insurance benefits under Title II of the Social Security Act, 42 U.S.C. §§ 401-33 . 1 Dobson challenges the Administrative Law Judge’s (ALJ) step-three determination 2 that her left knee impairment did not meet Listing 1.02A. 3 We agree with Dobson that the ALJ did not correctly apply the Listing’s definition of “inability to ambulate effectively” and therefore his finding that Dobson did not meet Listing 1.02A was not supported by substantial evidence. We vacate and remand for further proceedings.
In discussing whether Dobson met Listing 1.02A, the ALJ focused exclusively on whether Dobson was required to use assistive devices to walk. He stated that “[tjhere is no evidence that any treating or examining physician has reported that a cane is medically necessary” and that, “[ijn addition, while the claimant has at times used a cane as an assistive device for ambulation, its use did not limit the functioning of both upper extremities.” In support of his ruling, the ALJ relied on Listing 1.00B2b, which states in part: “Ineffective…