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Gabriel v. Astrue
United States District Court for the District of New Hampshire
2009 WL 453372 (2009)
Eugene Gabriel (plaintiff) had his left leg amputated after being diagnosed with osteosarcoma nearly 30 years prior to applying for Social Security disability insurance benefits and supplemental security income. Following the amputation, Gabriel wore a prosthesis. Extended wear of the prosthesis caused Gabriel to develop blisters that bled, resulting in the need for Gabriel to work flexible hours and have accommodations on his jobs. For example, when Gabriel applied for benefits, he was working part-time at a grocery store, only ever working two days in a row for four hours per day to allow him to care for his stump. The Commissioner of the Social Security Administration, Michael Astrue (defendant), denied Gabriel’s applications after an administrative-law judge (ALJ) found that Gabriel’s leg amputation was a severe impairment; however, the impairment did not meet or medically equal one of the listed impairments in 20 C.F.R. Part 404, Subpart P, Appendix 1. Further, the ALJ found that Gabriel had the residual functional capacity to perform sedentary work and, based on his age, education, and work experience, there were a significant number of jobs that Gabriel could perform. The ALJ did not provide any findings or analysis to support his determinations. Gabriel sued the commissioner in a United States district court to have the ALJ’s decision reversed and remanded based, in part, on the ALJ’s determination that he did not have a listed impairment.
Rule of Law
Holding and Reasoning (McAuliffe, C.J.)
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