Chris P. Bauer v. JO ANNE BARNHART, Commissioner of Social Security

NOT RECOMMENDED FOR FULL-TEXT PUBLICATION
File Name: 06a0149n.06
Filed: February 24, 2006
No. 05-3580
UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
CHRIS P. BAUER,
Plaintiff-Appellant,
v.
JO ANNE BARNHART, Commissioner of Social
Security,
Defendant-Appellee.
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ON APPEAL FROM THE
UNITED STATES DISTRICT
COURT FOR THE SOUTHERN
DISTRICT OF OHIO
O P I N I O N
BEFORE: COLE, CLAY, GIBBONS, Circuit Judges.
PER CURIAM. Chris P. Bauer appeals the district court’s order remanding his Social
Security benefits claim to the Administrative Law Judge (“ALJ”), pursuant to 42 U.S.C. §405(g).
The district court found that “remand is necessary to perform a proper evaluation so as to determine
whether plaintiff’s impairments [meet] or equal the Listing.” Furthermore, the court held that even
if Bauer does not meet the relevant Listing at step three, the testimony of the vocational expert must
be compared to the Dictionary of Occupational Titles, in accordance with Social Security Regulation
00-4p. We agree, and accordingly affirm the district court’s order on that court’s reasoning.
On remand, the ALJ should proceed in accordance with the opinion of the district court, and
should solicit and entertain medical evidence as to whether Bauer meets Listing 1.04A, effective
February 19, 2002. Bauer’s claim should not be subject to denial merely because, in the ALJ’s
words, “some of the required findings have occasionally been reported, but they were not

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No. 05-3580
Bauer v. Barnhart
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consistently present.” Listing 1.04A has, among other things, dropped the requirement of the
previous Listing (1.05C) that symptoms persists “for at least 3 months despite prescribed therapy.”
The opinion of the district court is hereby AFFIRMED.

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