458 F. App'x 702
10th Cir.2012Background
- Ms. Murdock filed an application for disability benefits in January 2007 and was denied at the initial and reconsideration stages.
- She received a hearing before an administrative law judge (ALJ) who applied the five-part sequential evaluation.
- At step two, the ALJ found severe impairments: degenerative joint disease of the knees, mild degenerative disc disease of the lumbar spine, and obesity.
- At step three, the ALJ found no impairment or combination meeting or equaling a listed impairment.
- At step four, the ALJ found an RFC for sedentary work with additional limitations and concluded Ms. Murdock could perform her past work as a call-center customer service representative; the district court affirmed this decision.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Step three: failure to discuss Listing 1.02. | Murdock: knee condition not analyzed under 1.02. | Commissioner: substantial evidence supports no inability to ambulate effectively. | Remand for explicit step-three findings. |
| Credibility: RFC assessment at step four. | ALJ erred in credibility determination. | Not disputed at issue 4 since step three not reached. | Remand makes credibility issue moot. |
Key Cases Cited
- Clifton v. Chater, 79 F.3d 1007 (10th Cir. 1996) (remand when step-three analysis is insufficient)
- Fischer-Ross v. Barnhart, 431 F.3d 729 (10th Cir. 2005) (remand where no findings conclusively preclude listing eligibility)
- Winfrey v. Chater, 92 F.3d 1017 (10th Cir. 1996) (standard for reviewing substantial evidence and legal standards)