Case Name in Social Security Case - Unavailable

1
IN THE UNITED STATES DISTRICT COURT
FOR THE MIDDLE DISTRICT OF PENNSYLVANIA
HELEN SEMANSKI, 	: 	Civil No. 1:23-CV-414
:
Plaintiff, 	:
:
v. 	: 	(Magistrate Judge Carlson)
:
FRANK BISIGNANO,1 :
Commissioner of Social Security 	:
:
Defendant. 	:
MEMORANDUM OPINION
I. 	Introduction
The ability to ambulate without assistance is often a key component to
employment. Therefore, when ambulation is impaired, it follows that the ability to
work is undermined. Social Security regulations recognize this basic truth and
specifically contemplate that the “requirement to use a hand-held assistive device
may . . . impact on the individual’s functional capacity by virtue of the fact that one
or both upper extremities are not available for such activities as lifting, carrying,
1Frank Bisignano became the Commissioner of Social Security on May 6, 2025.
Pursuant to Rule 25(d) of the Federal Rules of Civil Procedure, Frank Bisignano
should be substituted as the defendant in this suit. No further action need be taken to
continue this suit by reason of the last sentence of section 205(g) of the Social
Security Act, 42 U.S.C. § 405(g).
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 1 of 22

2
pushing, and pulling.” 20 C.F.R. Pt. 404, Subpt. P, App. 1, § 1.00(J)(4). Thus, the
issue of whether a claimant requires an assistive device to ambulate is one that can
be outcome determinative in disability cases. For this reason, an Administrative Law
Judge’s (ALJ) decision eschewing a claimant’s need to use a cane must be
accompanied by “a clear and satisfactory explication of the basis on which it rests.”
Cotter v. Harris, 642 F.2d 700, 704 (3d Cir. 1981).
We are reminded of these guiding tenets of Social Security practice as we turn
to this case. Helen Semanski was an older worker, 59 years old, when she applied
for disability benefits. Semanski had suffered a stroke, which left her experiencing
longstanding right-side weakness and instability. With respect to these impairments,
one fact was entirely undisputed: Semanski needed a cane to balance and walk or
stand for prolonged periods. Semanski herself described her need to use a cane to
ambulate on several occasions. (Tr. 271-72). Semanski’s friend, Catherine Elick,
confirmed 	that Semanski needed to use a cane “when her leg drags” or when she
engaged in extensive walking. (Tr. 263). And, remarkably, there was an absolute
unanimity of medical opinion among two state agency experts, a consulting
examining source, and Semanski’s treating caregiver that she required a cane for
balance. (Tr. 84, 86, 107, 3222, 3224, 3228, 3230, 3824). In short, everyone agreed
that Helen Semanski needed a cane to safely ambulate.
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 2 of 22

3
Everyone, that is, except for the ALJ who decided this case. Discounting this
medical consensus based upon his own lay view of the clinical record, the ALJ found
that Semanski did not need a cane and made no provision for her use of a cane when
crafting her residual functional capacity (RFC). Instead, the ALJ reached the
remarkable conclusion that Semanski—an elderly stroke survivor with ongoing right
side deficits which called for use of a cane—could “climb ramps and stairs
frequently, climb ladders, ropes, or scaffolds occasionally, balance frequently, stoop
frequently, kneel frequently, crouch frequently, and crawl frequently.” (Tr. 20).
This was error and error which now compels the remand of this case. Indeed,
in similar circumstances we have held that when an ALJ crafts an RFC for a claimant
that includes significant mobility requirements, without accounting for their need for
an assistive device, a remand is warranted. See Stahurski v. O'Malley, No. 3:22-CV-
1807, 2024 WL 3204243, at *1 (M.D. Pa. June 27, 2024); Jordan v. Kijakazi, No.
1:21-CV-01975, 2023 WL 2616099 (M.D. Pa. Mar. 23, 2023); Dieter v. Saul, No.
1:19-CV-1081, 2020 WL 2839087 (M.D. Pa. June 1, 2020). Accordingly, for the
reasons set forth below, we will remand this case for further consideration by the
Commissioner.
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 3 of 22

4
II. 	Statement of Facts and of the Case
Because we have determined that a remand is necessary due to the failure of
the ALJ to account for Semanski’s use of an assistive device in the RFC assessment,
we will focus exclusively upon this issue when assessing the record.
On December 29, 2020, Helen Semanski filed a claim for disability and
disability insurance benefits (DIB) under Title II of the Social Security Act, alleging
an onset of disability beginning January 27, 2020. (Tr. 15). Semanski was born on
August 19, 1961, (Tr. 460), and was approximately 59 years old on the alleged date
of the onset of her disability, which was defined as an individual of advanced age
under the Commissioner’s regulations. 20 C.F.R. § Pt. 404, Subpt. P, App. 2. She
has a college education and previously worked as an elementary school teacher. (Tr.
24).
On her application for disability benefits, Semanski alleged she was disabled
due to a 2012 stroke, or cerebrovascular accident, and longstanding residual mild
right-sided hemiparesis, or weakness and reduced motor control. (Tr. 17). While the
clinical record contained some notations indicating that Semanski did not use a cane,
(tr. 1288, 3496, 3585, 3641), treatment notes in the decade following her stroke often
described an antalgic gait, along with possession and use of a cane. (Tr. 460, 469,
473, 491, 952, 1109, 1118, 1225, 1317).
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 4 of 22

5
For her part, Semanski explained that she walked with a cane for balance and
when she felt weak. (Tr. 56, 271-72). Semanski’s use of a cane was confirmed by
Catherine Elick, a friend for more than a decade who reported that Semanski used a
cane following her stroke whenever “her leg drags,” or she walked extensively. (Tr.
263).
Moreover, every medical source who considered Semanski’s case found that
her use of a cane to ambulate was medically necessary due to her impaired balance.
For example, on March 29, 2021, Dr. Marielle Stone, an independent consulting
examining physician, reported that Semanski used a cane to balance and walk. (Tr.
3222, 3224, 3228, 3230).
On April 19, 2021 during an initial disability determination, a state agency
expert, Dr. Chan Chung, found that Semanski’s use of a cane was medically
necessary stating that: “A cane is needed for balance.” (Tr. 64). Dr. Chung later
elaborated that Semanski required this assistive device both for balance and when
her right side “gets weak.” (Tr. 86). In addition to the need to use a cane to ambulate
safely, Dr. Chung opined that Semanski was limited to sedentary work. (Tr. 89). On
reconsideration in September of 2021, a second state agency expert, Dr. Joanna
Deleo, agreed that: “A medically required hand-held device is necessary for
ambulation,” (tr. 107), citing Semanski’s use of a cane for balance and to compensate
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 5 of 22

6
for her right side weakness. (Tr. 109). Dr. Deleo also agreed that Semanski’s
impairments confined her to sedentary work. (Tr. 113).
These medical opinions confirming Semanski’s need for a cane were further
bolstered by a treating source statement submitted on February 21, 2022 by Kayla
Gegaris, Semanski’s treating physician assistant. (Tr. 281-24). PA Gegaris also cited
Semanski’s need for a cane due to her difficulties with ambulation as a factor which
left her disabled. Thus, the medical opinion evidence in this case was noteworthy in
its unanimity: every medical source agreed that Semanski required a cane to safely
ambulate.
It was against the backdrop of this medical consensus agreeing that Semanski
needed a cane to ambulate that the ALJ heard this case on March 8, 2022. (Tr. 32-
69). At this hearing Semanski and a Vocational Expert (VE) testified. (Id.) In her
testimony Semanski reiterated her need to use a cane to ambulate. (Tr. 56). A
vocational expert also testified at the hearing and clearly stated that if Semanski
needed a cane to ambulate and was confined to sedentary work she could no longer
perform her past work as an elementary school. (Tr. 67). Thus, the VE unequivocally
stated that the medical consensus that Semanski required a cane to walk was work
preclusive.
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 6 of 22

7
Following this hearing, the ALJ issued a decision denying Semanski’s claim
on April 20, 2022. (Tr. 12-31). In that decision, the ALJ first concluded that
Semanski had not engaged in substantial gainful activity since her alleged onset date
of disability, January 27, 2020, and that she met the insured status requirements of
the Social Security Act through December 31, 2025. (Tr. 17). At Step 2 of the
sequential analysis that governs Social Security cases, the ALJ found that Semanski
had the following severe impairments: cerebrovascular accident with mild right-
sided hemiparesis. (Tr. 17). At Step 3, the ALJ determined that Semanski’s
impairments or combination of impairments did not meet or medically equal one of
the listed impairments. (Tr. 20).
Between Steps 3 and 4, the ALJ concluded that Semanski retained the
following residual functional capacity:
After careful consideration of the entire record, the undersigned finds
that the claimant has the residual functional capacity to perform light
work as defined in 20 CFR 404.1567(b) except that the claimant can
climb ramps and stairs frequently, climb ladders, ropes, or scaffolds
occasionally, balance frequently, stoop frequently, kneel frequently,
crouch frequently, and crawl frequently. Further, the claimant is limited
to frequent exposure to unprotected heights and moving mechanical
parts.
(Id.)
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 7 of 22

8
Remarkably, this RFC determination made absolutely no provision for
Semanski’s use of a cane, despite the fact that Semanski stated she needed a cane;
her statements were corroborated by a third party; and every medical source clearly
stated that a cane was medically necessary in her case. The ALJ justified the decision
to discount this unanimous medical consensus based upon his lay evaluation of the
clinical record. (Tr. 22-24). The ALJ also rejected the state agency expert opinions
which confined Semanski to sedentary work. (Id.)
Having discounted this undisputed body of evidence, the ALJ then found that
Semanski could return to her past work as an elementary teacher, (tr. 24-25), work
which the VE testified she could not perform if she required a cane to ambulate.
Thus, the ALJ concluded Semanski had not met the exacting standard of disability
and denied her claim. (Id.)
This appeal followed. (Doc. 1). On appeal, Semanski argues, inter alia, that
substantial evidence does not support the ALJ’s RFC assessment because the ALJ
failed to properly address her undisputed cane use in determining the RFC. We
agree. Accordingly, we will remand this case for further consideration by the
Commissioner.
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 8 of 22

9
III. 	Discussion
A. 	Substantial Evidence Review – the Role of this Court
When reviewing the Commissioner’s final decision denying a claimant’s
application for benefits, this Court’s review is limited to the question of whether the
findings of the final decision-maker are supported by substantial evidence in the
record. See 42 U.S.C. §405(g); Johnson v. Comm’r of Soc. Sec., 529 F.3d 198, 200
(3d Cir. 2008); Ficca v. Astrue, 901 F. Supp.2d 533, 536 (M.D. Pa. 2012).
Substantial evidence “does not mean a large or considerable amount of evidence, but
rather such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion.” Pierce v. Underwood, 487 U.S. 552, 565 (1988). Substantial
evidence is less than a preponderance of the evidence but more than a mere scintilla.
Richardson v. Perales, 402 U.S. 389, 401 (1971). A single piece of evidence is not
substantial evidence if the ALJ ignores countervailing evidence or fails to resolve a
conflict created by the evidence. Mason v. Shalala, 994 F.2d 1058, 1064 (3d Cir.
1993). But in an adequately developed factual record, substantial evidence may be
“something less than the weight of the evidence, and the possibility of drawing two
inconsistent conclusions from the evidence does not prevent [the ALJ’s decision]
from being supported by substantial evidence.” Consolo v. Fed. Maritime Comm’n,
383 U.S. 607, 620 (1966). “In determining if the Commissioner’s decision is
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 9 of 22

10
supported by substantial evidence the court must scrutinize the record as a whole.”
Leslie v. Barnhart, 304 F. Supp.2d 623, 627 (M.D. Pa. 2003).
The Supreme Court has recently underscored for us the limited scope of our
review in this field, noting that:
The phrase “substantial evidence” is a “term of art” used throughout
administrative law to describe how courts are to review agency
factfinding. T-Mobile South, LLC v. Roswell, 574 U.S. ––––, ––––,
135 S.Ct. 808, 815, 190 L.Ed.2d 679 (2015). Under the substantial-
evidence standard, a court looks to an existing administrative record
and asks whether it contains “sufficien[t] evidence” to support the
agency's factual determinations. Consolidated Edison Co. v. NLRB,
305 U.S. 197, 229, 59 S.Ct. 206, 83 L.Ed. 126 (1938) (emphasis
deleted). And whatever the meaning of “substantial” in other contexts,
the threshold for such evidentiary sufficiency is not high. Substantial
evidence, this Court has said, is “more than a mere scintilla.” Ibid.; see,
e.g., Perales, 402 U.S. at 401, 91 S.Ct. 1420 (internal quotation marks
omitted). It means—and means only—“such relevant evidence as a
reasonable mind might accept as adequate to support a conclusion.”
Consolidated Edison, 305 U.S. at 229, 59 S.Ct. 206. See Dickinson v.
Zurko, 527 U.S. 150, 153, 119 S.Ct. 1816, 144 L.Ed.2d 143 (1999)
(comparing the substantial-evidence standard to the deferential clearly-
erroneous standard).
Biestek, 139 S. Ct. at 1154.
The question before this Court, therefore, is not whether the claimant is
disabled, but rather whether the Commissioner’s finding that he is not disabled is
supported by substantial evidence and was reached based upon a correct application
of the relevant law. See Arnold v. Colvin, No. 3:12-CV-02417, 2014 WL 940205,
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 10 of 22

11
at *1 (M.D. Pa. Mar. 11, 2014) (“[I]t has been held that an ALJ’s errors of law denote
a lack of substantial evidence”) (alterations omitted); Burton v. Schweiker, 512 F.
Supp. 913, 914 (W.D. Pa. 1981) (“The Secretary’s determination as to the status of
a claim requires the correct application of the law to the facts.”); see also Wright v.
Sullivan, 900 F.2d 675, 678 (3d Cir. 1990) (noting that the scope of review on legal
matters is plenary); Ficca, 901 F. Supp.2d at 536 (“[T]he court has plenary review
of all legal issues . . . .”).
Several fundamental legal propositions which flow from this deferential
standard of review. First, when conducting this review “we are mindful that we must
not substitute our own judgment for that of the fact finder.” Zirnsak v. Colvin, 777
F.3d 607, 611 (3d Cir. 2014) (citing Rutherford v. Barnhart, 399 F.3d 546, 552 (3d
Cir. 2005)). Thus, we are enjoined to refrain from trying to re-weigh the evidence.
Rather our task is to simply determine whether substantial evidence supported the
ALJ’s findings. However, we must also ascertain whether the ALJ’s decision meets
the burden of articulation demanded by the courts to enable informed judicial
review. Simply put, “this Court requires the ALJ to set forth the reasons for his
decision.” Burnett v. Comm'r of Soc. Sec. Admin., 220 F.3d 112, 119 (3d Cir. 2000).
As the Court of Appeals has noted on this score:
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 11 of 22

12
In Burnett, we held that an ALJ must clearly set forth the reasons for
his 	decision. 	220 	F.3d 	at 	119. 	Conclusory 	statements 	. 	. 	. 	are
insufficient. The ALJ must provide a “discussion of the evidence” and
an “explanation of reasoning” for his conclusion sufficient to enable
meaningful judicial review. Id. at 120; see Jones v. Barnhart, 364 F.3d
501, 505 & n. 3 (3d Cir.2004). The ALJ, of course, need not employ
particular “magic” words: “Burnett does not require the ALJ to use
particular language or adhere to a particular format in conducting his
analysis.” Jones, 364 F.3d at 505.
Diaz v. Comm'r of Soc. Sec., 577 F.3d 500, 504 (3d Cir. 2009).
Thus, in practice ours is a twofold task. We must evaluate the substance of the
ALJ’s decision under a deferential standard of review, but we must also give that
decision careful scrutiny to ensure that the rationale for the ALJ’s actions is
sufficiently articulated to permit meaningful judicial review.
B. 	Initial Burdens of Proof, Persuasion, and Articulation for the ALJ
To receive benefits under the Social Security Act by reason of disability, a
claimant must demonstrate an inability to “engage in any substantial gainful activity
by reason of any medically determinable physical or mental impairment which can
be expected to result in death or which has lasted or can be expected to last for a
continuous period of not less than 12 months.” 42 U.S.C. §423(d)(1)(A); see also 20
C.F.R. §404.1505(a). To satisfy this requirement, a claimant must have a severe
physical or mental impairment that makes it impossible to do his or her previous
work or any other substantial gainful activity that exists in the national economy. 42
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 12 of 22

13
U.S.C. §423(d)(2)(A); 20 C.F.R. §404.1505(a). To receive benefits under Title II of
the Social Security Act, a claimant must show that he or she contributed to the
insurance program, is under retirement age, and became disabled prior to the date on
which he or she was last insured. 42 U.S.C. §423(a); 20 C.F.R. §404.131(a).
In making this determination at the administrative level, the ALJ follows a
five-step sequential evaluation process. 20 C.F.R. §404.1520(a). Under this process,
the ALJ must sequentially determine: (1) whether the claimant is engaged in
substantial gainful activity; (2) whether the claimant has a severe impairment; (3)
whether the claimant’s impairment meets or equals a listed impairment; (4) whether
the claimant is able to do his or her past relevant work; and (5) whether the claimant
is able to do any other work, considering his or her age, education, work experience
and residual functional capacity (“RFC”). 20 C.F.R. §404.1520(a)(4).
Between Steps 3 and 4, the ALJ must also assess a claimant’s residual
functional capacity (RFC). RFC is defined as “that which an individual is still able
to do despite the limitations caused by his or her impairment(s).” Burnett v. Comm’r
of Soc. Sec., 220 F.3d 112, 121 (3d Cir. 2000) (citations omitted); see also 20 C.F.R.
§§404.1520(e), 404.1545(a)(1). In making this assessment, the ALJ considers all of
the claimant’s medically determinable impairments, including any non-severe
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 13 of 22

14
impairments identified by the ALJ at step two of his or her analysis. 20 C.F.R.
§404.1545(a)(2).
There is an undeniable medical aspect to an RFC determination, since that
determination entails an assessment of what work the claimant can do given the
physical limitations that the claimant experiences. Yet, when considering the role
and necessity of medical opinion evidence in making this determination, courts have
followed several different paths. Some courts emphasize the importance of medical
opinion support for an RFC determination and have suggested that “[r]arely can a
decision be made regarding a claimant's residual functional capacity without an
assessment from a physician regarding the functional abilities of the claimant.”
Biller v. Acting Comm'r of Soc. Sec., 962 F. Supp. 2d 761, 778–79 (W.D. Pa. 2013)
(quoting Gormont v. Astrue, Civ. No. 11–2145, 2013 WL 791455 at *7 (M.D. Pa.
Mar. 4, 2013)). In other instances, it has been held that: “There is no legal
requirement that a physician have made the particular findings that an ALJ adopts
in the course of determining an RFC.” Titterington v. Barnhart, 174 F. App’x 6, 11
(3d Cir. 2006). Further, courts have held in cases where there is no evidence of any
credible medical opinion supporting a claimant’s allegations of disability that “the
proposition that an ALJ must always base his RFC on a medical opinion from a
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 14 of 22

15
physician is misguided.” Cummings v. Colvin, 129 F. Supp. 3d 209, 214–15 (W.D.
Pa. 2015).
These 	seemingly 	discordant 	legal 	propositions 	can 	be 	reconciled 	by
evaluation of the factual context of these decisions. Those cases which emphasize
the importance of medical opinion support for an RFC assessment typically arise in
the factual setting where a well-supported medical source has identified limitations
that would support a disability claim, but an ALJ has rejected the medical opinion
which supported a disability determination based upon a lay assessment of other
evidence. Biller, 962 F.Supp.2d at 778–79. In this setting, these cases simply restate
the commonplace idea that medical opinions are entitled to careful consideration
when making a disability determination, particularly when those opinions support a
finding of disability. In contrast, when an ALJ is relying upon other evidence, such
as contrasting clinical or opinion evidence or testimony regarding the claimant’s
activities of daily living, to fashion an RFC courts have adopted a more pragmatic
view and have sustained the ALJ’s exercise of independent judgment based upon all
of the facts and evidence. See Titterington v. Barnhart, 174 F. App'x 6, 11 (3d Cir.
2006); Cummings v. Colvin, 129 F. Supp. 3d 209, 214–15 (W.D. Pa. 2015). In either
event, once the ALJ has made this determination, our review of the ALJ's assessment
of the plaintiff's RFC is deferential, and that RFC assessment will not be set aside if
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 15 of 22

16
it is supported by substantial evidence. Burns v. Barnhart, 312 F.3d 113, 129 (3d
Cir. 2002); see also Metzger v. Berryhill, No. 3:16-CV-1929, 2017 WL 1483328, at
*5 (M.D. Pa. Mar. 29, 2017), report and recommendation adopted sub nom. Metzgar
v. Colvin, No. 3:16-CV-1929, 2017 WL 1479426 (M.D. Pa. Apr. 21, 2017); Rathbun
v. Berryhill, No. 3:17-CV-00301, 2018 WL 1514383, at *6 (M.D. Pa. Mar. 12,
2018), report and recommendation adopted, No. 3:17-CV-301, 2018 WL 1479366
(M.D. Pa. Mar. 27, 2018).
At Steps 1 through 4, the claimant bears the initial burden of demonstrating
the existence of a medically determinable impairment that prevents him or her in
engaging in any of his or her past relevant work. Mason, 994 F.2d at 1064. Once this
burden has been met by the claimant, it shifts to the Commissioner at Step 5 to show
that jobs exist in significant number in the national economy that the claimant could
perform that are consistent with the claimant’s age, education, work experience and
RFC. 20 C.F.R. §404.1512(f); Mason, 994 F.2d at 1064.
The ALJ’s disability determination must also meet certain basic substantive
requisites. Most significant among these legal benchmarks is a requirement that the
ALJ adequately explain the legal and factual basis for this disability determination.
Thus, in order to facilitate review of the decision under the substantial evidence
standard, the ALJ's decision must be accompanied by “a clear and satisfactory
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 16 of 22

17
explication of the basis on which it rests.” Cotter v. Harris, 642 F.2d 700, 704 (3d
Cir. 1981). Conflicts in the evidence must be resolved and the ALJ must indicate
which evidence was accepted, which evidence was rejected, and the reasons for
rejecting certain evidence. Id. at 706-07. In addition, “[t]he ALJ must indicate in his
decision which evidence he has rejected and which he is relying on as the basis for
his finding.” Schaudeck v. Comm’r of Soc. Sec., 181 F.3d 429, 433 (3d Cir. 1999).
It is against this backdrop that we evaluate the decision of the ALJ in this case.
C. 	This Case Will Be Remanded for Further Review.
On appeal, the plaintiff argues the ALJ failed to properly address her cane use
in determining the RFC.
We agree.
Case law and Social Security regulations both recognize that a claimant's need
to use an assistive device to ambulate can dramatically and adversely affect the
ability to perform work on a sustained basis. Accordingly, in certain instances, the
use of a cane to ambulate can be outcome determinative in a Social Security appeal.
At the outset, in order to rely upon evidence regarding the use of a cane to sustain a
disability claim, the assistive device must be medically necessary. On this score:
Social Security regulations provide that an ALJ will not accommodate
the 	use 	of 	a 	cane 	unless 	the 	claimant 	first 	provides 	“medical
documentation establishing the need for a hand-held assistive device to
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 17 of 22

18
aid in walking or standing, and describing the circumstances for which
it is needed[.]” SSR 96–9p. Absent such documentation, an ALJ need
not accommodate the use of a cane in a residual functional capacity
assessment, even if the claimant was prescribed a cane by a doctor.
Williams v. Colvin, No. 3:13-CV-2158, 2014 WL 4918469, at *10 (M.D. Pa. Sept.
30, 2014) (citing Howze v. Barnhart, 53 Fed.Appx. 218, 222 (3d Cir. 2002)).
However, if the claimant makes this threshold showing of medical necessity,
then it is incumbent upon the ALJ to directly “address the evidence concerning
Plaintiff's use of” the assistive device. Steward v. Comm'r of Soc. Sec., No. CIV.A
08-1741, 2009 WL 1783533, at *5 (W.D. Pa. June 23, 2009). Moreover, the failure
to do so may require a remand. Id. In short, where substantial evidence indicates that
there is a medical need for a claimant to use a cane or assistive device, the failure to
adequately address these issues constitutes a failure of articulation by the ALJ
warranting a remand. See e.g., Graver v. Colvin, No. 3:13CV1811, 2014 WL
1746976, at *5 (M.D. Pa. May 1, 2014); Butler v. Astrue, No. CIV.A. 11-376, 2012
WL 1252758, at *7 (W.D. Pa. Apr. 13, 2012). These principles which recognize the
limiting effects of an assistive device on employment apply with particular force in
a case such as this when an ALJ crafts an RFC for a claimant that includes significant
mobility requirements, without accounting for her need for a cane. See Dieter, 2020
WL 2839087, at *9. In such instances a remand may be necessary.
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 18 of 22

19
This case presents an extraordinary constellation of facts. At age 59, Helen
Semanski was an elderly disability applicant, a fact which was not acknowledged by
the ALJ in this decision. The uncontested evidence revealed that she had suffered a
strike in 2012, and that stroke had left her experiencing residual weakness and
limited mobility on her right side. As a result, she used a cane to ambulate and for
balance.
In a remarkable show of unanimity every medical source agreed that
Semanski needed a cane to ambulate safely. Furthermore, a Vocational Expert
testified that the use of a cane would bar Semanski from her past employment.
Therefore, the evidence clearly demonstrated both that a cane was a medical
necessity for Semanski, and this medical necessity precluded her from returning to
her past employment. Accordingly, this uncontested evidence that Semanski’s cane
use was medically necessary was potentially outcome determinative. See 20 C.F.R.
Pt. 404, Subpt. P, App. 1, § 1.00(J)(4); SSR 96-9p. See also Ubiles v. Berryhill, No.
15-CV-895-RJA-MJR, 2017 WL 4712208, at *6 (W.D.N.Y. Sept. 29, 2017), report
and recommendation adopted, No. 1:15-CV-00895 (MAT), 2017 WL 4680492
(W.D.N.Y. Oct. 18, 2017) (citing Wright v. Colvin, No. 6:13-cv-6585(MAT), 2015
WL 4600287, at *5 (W.D.N.Y. July 29, 2015) (“If Plaintiff needs to use a cane for
support and balance, that would mean at least one hand is are [sic] not free to hold
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 19 of 22

20
other objects and perform the lifting and carrying requirements of light work, which
are not minimal.”).
While the ALJ attempted to justify discounting this medical consensus based
upon his lay interpretation of the clinical evidence, this rationale is unpersuasive and
unavailing. Rather, it is axiomatic that an “ALJ cannot, . . ., disregard this medical
opinion based solely on his own ‘amorphous impressions, gleaned from the record.’”
Morales v. Apfel, 225 F.3d 310, 318 (3d Cir. 2000). Likewise, it is clear that “an
ALJ may not reject an uncontradicted treating source medical opinion with only lay
reinterpretation of medical evidence.” Tilton v. Colvin, 184 F. Supp. 3d 135, 143
(M.D. Pa. 2016). Yet that is precisely what the ALJ did in this case when he
discounted the unanimous views of four medical sources that Semanski needed to
use a cane based solely upon his lay reinterpretation of the evidence. This was error
and constituted prejudicial error where the evidence indicated that use of a cane was
work preclusive.
The flaws in the ALJ’s analysis are particularly apparent and acute when one
considers the RFC fashioned in this case and compares that RFC to Semanski’s
impairments. At the time of her disability application Helen Semanski was an elderly
stroke survivor with chronic right side weakness which led every witness to state
that she needed a cane. Yet, incredibly, the ALJ concluded that she could “climb
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 20 of 22

21
ramps and stairs frequently, climb ladders, ropes, or scaffolds occasionally, balance
frequently, 	stoop 	frequently, 	kneel 	frequently, 	crouch 	frequently, 	and 	crawl
frequently.” (Tr. 20). Given her uncontested impairments, the notion that Semanski
could climb ladders, ropes, or scaffolds occasionally, balance frequently, stoop
frequently, kneel frequently, crouch frequently, and crawl frequently is simply not
credible.
Since the ALJ’s burden of articulation is not met in the instant case, this matter
must be remanded for further consideration by the Commissioner. Yet, while we
reach this result, we note that nothing in this Memorandum Opinion should be
deemed as expressing a judgment on what the ultimate outcome of any reassessment
of this evidence should be. Rather, the task should remain the duty and province of
the ALJ on remand. Because we have found a basis for remand on these grounds,
we need not address the plaintiff’s remaining arguments since “[a] remand may
produce different results on these claims, making discussion of them moot.” Burns
v. Colvin, 156 F.Supp.3d 579, 598 (M.D. Pa. Jan. 13, 2016).
IV. 	Conclusion
For the foregoing reasons the plaintiff’s request for a new administrative
hearing will be GRANTED, the final decision of the Commissioner denying these
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 21 of 22

22
claims will be vacated, and this case will be REMANDED to the Commissioner to
conduct a new administrative hearing.
An appropriate order follows.
S/ Martin C. Carlson
Martin C. Carlson
United States Magistrate Judge
DATED: March 13, 2026
Case 1:23-cv-00414-MCC Document 14 Filed 03/13/26 Page 22 of 22