Thresher

MEMORANDUM ***

Mary A. Thresher appeals the district court’s judgment which affirmed the Commissioner of Social Security’s denial of Supplemental Security Income benefits. We reverse and remand.

(1) Thresher argues that the Administrative Law Judge who heard her case erred in making a decision at step 3 of the five-step process that must be followed in deciding this matter. See 20 C.F.R. § 404.1520 (a)(4)(iii). As relevant here, pursuant to that section, if the claimant has impairments listed in Appendix l, 1 the claimant is disabled without further inquiry. 2 Thresher argues that she meets the listing for mental retardation 3 because she falls within one of the four sets that comprise that listing. 4 The ALJ did not expressly discuss that set, but the evidence will support a determination that Thresher does come within the set because two of

*475 her IQ scores were in the 60 through 70 range, 5 that mental condition began before she was 22 years of age, and she does have an additional physical impairment. Listing 12.05C. Here the ALJ did suggest that Thresher was not functionally mentally retarded, but the ALJ’s failure to reference § 12.05 and, in particular, Listing 12.05C…