Bradshaw v. Heckler, 810 F.2d 786 (8th Cir. 1987). · Go Syfert
Bradshaw v. Heckler, 810 F.2d 786 (8th Cir. 1987). Cases Citing This Book View Copy Cite
45 citation events (24 in the last 25 years) across 10 distinct courts.
Strongest positive: Barbara S.K. v. Frank Bisignano, Commissioner of Social Security (iand, 2026-03-30)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 37 distinct citers. How cited ↗
discussed Cited as authority (rule) Barbara S.K. v. Frank Bisignano, Commissioner of Social Security
N.D. Iowa · 2026 · confidence medium
The burden of persuasion always lies with the claimant to prove disability, but during the fifth step, the burden of production shifts to the Commissioner to demonstrate “that the claimant retains the RFC to do other kinds of work[] and . . . that other work exists.” Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (quoting Eichelberger v. Barnhart, 390 F.3d 584, 591 (8th Cir. 2004)). 3 The ALJ also found Plaintiff suffered from severe asthma, but because Plaintiff does not challenge the ALJ’s physical RFC determination, I do not address it in this order. 4 RFC is “‘what the claim…
discussed Cited as authority (rule) Hannah v. Commissioner of Social Security
N.D. Iowa · 2024 · confidence medium
Goff, 421 F.3d at 790 . 10 RFC is “‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir. 1987)). 11 Occasionally is a term of art meaning “very little up to one-third” (or two hours) of an eight- hour workday.
discussed Cited as authority (rule) Hennings v. Commissioner of Social Security
N.D. Iowa · 2024 · confidence medium
AR 30. 16 RFC is “‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir. 1987)). 17 Occasionally is a term of art meaning “very little up to one-third” (or two hours) of an eight- hour workday.
discussed Cited as authority (rule) Petersen v. Commissioner of Social Security
N.D. Iowa · 2024 · confidence medium
AR 30. 13 RFC is “‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir. 1987)). 14 Occasionally is a term of art meaning “very little up to one-third” (or two hours) of an eight- hour workday.
discussed Cited as authority (rule) Widener v. Commissioner of Social Security
N.D. Iowa · 2024 · confidence medium
Claimant then argued that the ALJ should have included greater physical limitations to account for claimant’s COPD, noting the ALJ acknowledged that this severe impairment caused 4 RFC is “‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir. 1987)). shortness of breath.
discussed Cited as authority (rule) Widener v. Commissioner of Social Security
N.D. Iowa · 2024 · confidence medium
AR 190.4 She applied for DIB on February 7, 2020, alleging disability since November 14, 2018, due to physical 1 The Committee on Court Administration and Case Management of the Judicial Conference of the United States has recommended that, due to significant privacy concerns in social security cases, federal courts should refer to claimants only by their first names and last initials. 2 Commissioner of Social Security Martin O’Malley is automatically substituted for his predecessor in accordance with Federal Rule of Civil Procedure 25(d). 3 RFC is “‘what the claimant can still do’ des…
discussed Cited as authority (rule) Goudeau v. Saul
E.D. Mo. · 2020 · confidence medium
“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, ‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir. 1987)).
discussed Cited as authority (rule) O'Connell v. Commissioner of Social Security
N.D. Iowa · 2019 · confidence medium
The burden of persuasion always lies with the claimant to prove disability, but during the fifth step, the burden of production shifts to the Commissioner to demonstrate “that the claimant retains the RFC to do other kinds of work[] and . . . that other work exists.” Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (quoting Eichelberger v. Barnhart, 390 F.3d 584, 591 (8th Cir. 2004)). 5 RFC is “‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (…
discussed Cited as authority (rule) Dewbre v. Commissioner of Social Security
N.D. Iowa · 2019 · confidence medium
The burden of persuasion always lies with the claimant to prove disability, but during the fifth step, the burden of production shifts to the Commissioner to demonstrate “that the claimant retains the RFC to do other kinds of work[] and . . . that other work exists.” Goff v. Barnhart, 421 F.3d 785, 790 (8th Cir. 2005) (quoting Eichelberger v. Barnhart, 390 F.3d 584, 591 (8th Cir. 2004)). 3 RFC is “‘what the claimant can still do’ despite his or her physical or mental limitations.” Lewis v. Barnhart, 353 F.3d 642, 646 (8th Cir. 2003) (quoting Bradshaw v. Heckler, 810 F.2d 786, 790 (…
discussed Cited as authority (rule) Mathious v. Barnhart
E.D. Mich. · 2007 · confidence medium
See, e.g., Varley v. Sec’y of Health and Human Servs., 820 F.2d 777, 779 (6th Cir.1987) (hypothetical question must accurately portray claimant’s physical and mental impairments); Cole v. Sec’y of Health and Human Servs., 820 F.2d 768, 775-76 (6th Cir.1987) (Milburn, J., dissenting) (“A vocational expert’s responses to hypothetical questions may constitute substantial evidence only if the questions posed accurately portray the claimant's impairments.”); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) ("The question must state with precision the physical and mental impairments…
cited Cited as authority (rule) Johnson v. Barnhart
S.D. Iowa · 2005 · confidence medium
Bradshaw v. Heckler, 810 F.2d 786, 790 (8th.
discussed Cited as authority (rule) Edwards v. Barnhart
E.D. Mich. · 2005 · confidence medium
See, e.g., Varley v. Sec’y of Health and Human Servs., 820 F.2d 777, 779 (6th Cir.1987) (hypothetical question must accurately portray claimant's physical and mental impairments); Cole v. Sec’y of Health and Human Servs., 820 F.2d 768, 775-76 (6th Cir.1987) (Milburn, J., dissenting) ("A vocational expert’s responses to hypothetical questions may constitute substantial evidence only if the questions posed accurately portray the claimant's impairments.”); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) ("The question must state with precision the physical and mental impairments of …
discussed Cited as authority (rule) Eiseler v. Barnhart
E.D. Mich. · 2004 · confidence medium
See, e.g., Varley v. Secretary of HHS, 820 F.2d 777, 779 (6th Cir.1987) (hypothetical question must accurately portray claimant's "individual physical and mental impairments”); Cole v. Secretary of HHS, 820 F.2d 768, 775-76 (6th Cir.1987) (Milburn, J., dissenting) ("A vocational expert's responses to hypothetical questions may constitute substantial evidence only if the questions posed accurately portray the claimant's impairments.”); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) (“The question must state with precision the physical and mental impairments of the claimant.”); My…
cited Cited as authority (rule) Carmen Lewis v. Jo Anne B. Barnhart, Commissioner of Social Security
8th Cir. · 2003 · confidence medium
Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987); 20 C.F.R. § 404.1520 (e) (1986).
cited Cited as authority (rule) Carmen Lewis v. Jo Anne Barnhart
8th Cir. · 2003 · confidence medium
Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir. 1987); 20 C.F.R. § 404.1520 (e) (1986).
discussed Cited as authority (rule) Donahue v. Massanari
E.D. Mich. · 2001 · confidence medium
See, e.g., Varley v. Secretary of HHS, 820 F.2d 777, 779 (6th Cir.1987) (hypothetical question must accurately portray claimant's “individual physical and mental impairments”); Cole v. Secretary of HHS, 820 F.2d 768, 775-76 (6th Cir.1987) (Milburn, J., dissenting) (“A vocational expert’s responses to hypothetical questions may constitute substantial evidence only if the questions posed accurately portray the claimant’s impairments.”); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) ("The question must state with precision the physical and mental impairments of the claimant.�…
cited Cited as authority (rule) Cookemboo v. Apfel
E.D. Mo. · 1997 · confidence medium
Bradshaw v. Heckler, 810 F.2d 786, 789 (8th Cir.1987).
discussed Cited as authority (rule) Davis v. Callahan
S.D. Iowa · 1997 · confidence medium
In Bradshaw v. Heckler, 810 F.2d 786, 789 (8th Cir.1987), the Court wrote: Once the claimant proved that his hip impairment was severe enough to prevent him from continuing his work as a custodian, the burden of proving that he was not disabled within the meaning of the Act shifted to the Secretary.
discussed Cited as authority (rule) Trew v. Shalala (2×)
D. Neb. · 1994 · confidence medium
As the ALJ recognized, the step-four finding required the ALJ to shift the burden of proof to the Secretary “to show that there are other jobs existing in significant numbers in the national economy which [Trew] can perform consistent with his medically determinable impairments and symptoms, functional limitations, age, education[,] work experience, and skills, if any.” (Tr. 20.) See Bradshaw v. Heckler, 810 F.2d 786, 789-90 (8th Cir.1987).
cited Cited as authority (rule) Margaret FELISKY, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
6th Cir. · 1994 · confidence medium
Varley v. Secretary of Health & Human Services, 820 F.2d 777, 779 (6th Cir.1987); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987).
discussed Cited as authority (rule) Newkirk v. Sullivan
E.D. Mich. · 1993 · confidence medium
See, e.g., Cole v. Secretary of HHS, 820 F.2d 768, 775-76 (6th Cir.1987) (Milburn, J., dissenting) ("A vocational expert’s responses to hypothetical questions may constitute substantial evidence only if the questions posed accurately portray the claimant’s impairments.”); Varley v. Secretary of HHS, 820 F.2d 777, 779 (6th Cir.1987) (hypothetical question must accurately portray claimant's "individual physical and mental impairments”); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) ("The question must state with precision the physical and mental impairments of the claimant.”); …
discussed Cited as authority (rule) Reed v. Secretary of Health and Human Services
E.D. Mich. · 1992 · confidence medium
See, e.g., Cole v. Secretary of HHS, 820 F.2d 768, 775-76 (6th Cir.1987) (Milburn, J„ dissenting) ("A vocational expert’s responses to hypothetical questions may constitute substantial evidence only if the questions posed accurately portray the claimant’s impairments.”); Varley v. Secretary of HHS, 820 F.2d 777, 779 (6th Cir.1987) (hypothetical question must accurately portray claimant’s "individual physical and mental impairments"); Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) ("The question must state with precision the physical and mental impairments of the claimant."); M…
cited Cited as authority (rule) Goosen v. Sullivan
W.D. Mo. · 1992 · confidence medium
See McCoy v. Schweiker, 683 F.2d 1138, 1147 (8th Cir.1982); High v. Heckler, 608 F.Supp. 1058, 1064 (D.C.1985); and Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987).
discussed Cited as authority (rule) James J. Lubinski v. Louis Sullivan, M.D., Secretary of Health and Human Services (2×)
8th Cir. · 1991 · confidence medium
We ordinarily reverse and remand when the AU has failed to recognize the shifting burden of proof, “except in those rare instances where the outcome would be clear regardless of who shoulders the burden of proof.” Bradshaw v. Heckler, 810 F.2d 786, 789 (8th Cir.1987).
discussed Cited as authority (rule) Lidy v. Sullivan (2×)
S.D. Ind. · 1990 · confidence medium
The Eighth Circuit has reaffirmed its position on this issue on a number of occasions, see, e.g., Bradshaw v. Heckler, 810 F.2d 786, 789 (8th Cir.1987); Banning v. Heckler, 777 F.2d 1316, 1317 (8th Cir.1985); Jackson v. Schweiker, 696 F.2d 630 , 631 n. 1 (8th Cir.1983), although one judge of that court consistently dissents, reasoning that such an automatic rule is not required when the reviewing court is “able to ascertain whether the appropriate rule was in fact recognized and applied.” Butler, 850 F.2d at 429 (Fagg, J. dissenting).
discussed Cited as authority (rule) Ernest JONES, Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Appellee
8th Cir. · 1988 · confidence medium
In Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) this court stated: The appropriate evaluation is for the AU to determine the claimant’s residual functional capacity apart from the nonexer-tional limitations.
discussed Cited "see" Clark v. Astrue
N.D. Iowa · 2011 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (a)(4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, “what the clai…
discussed Cited "see" Rittenhouse v. Astrue
N.D. Iowa · 2011 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (a)(4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, ‘what the clai…
discussed Cited "see" Hovenga v. Astrue
N.D. Iowa · 2010 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical *862 question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, ‘what the cl…
discussed Cited "see" Bloom v. Astrue
N.D. Iowa · 2010 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (a)(4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, ‘what the clai…
discussed Cited "see" Huisman v. Astrue
N.D. Iowa · 2010 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, “what the claiman…
discussed Cited "see" Polson v. Astrue
N.D. Iowa · 2010 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (a)(4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, ‘what the clai…
discussed Cited "see" Lynch v. Astrue
N.D. Iowa · 2010 · signal: see · confidence high
Fourth, if the claimant’s impairment is severe, but it does not meet or equal one of the presumptively disabling impairments, then the Commissioner will assess the claimant’s residual functional capacity (“RFC”) to determine the claimant’s “ability to meet the physical, mental, sensory, and other requirements” of the claimant’s past relevant work. 20 C.F.R. §§ 404.1520 (a)(4)(iv); 404.1545(4); see Lewis, 353 F.3d at 645-46 (“RFC is a medical question defined wholly in terms of the claimant’s physical ability to perform exertional tasks or, in other words, “what the clai…
discussed Cited "see" La Vern Gude v. Louis W. Sullivan, Secretary of Health and Human Services
8th Cir. · 1992 · signal: see · confidence high
See Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) (pain); Spencer v. Bowen, 798 F.2d 275 , 278 n. 2 (8th Cir.1986) (borderline intelligence a severe nonexertional impairment to be considered by a vocational expert); McCoy v. Schweiker, 683 F.2d 1138, 1148 (8th Cir.1982) (en banc) (environmental restrictions are nonexertional impairments to be considered by a vocational expert). 4 .
discussed Cited "see" Dorothy J. KIRBY, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee (2×)
8th Cir. · 1991 · signal: see · confidence high
See Bradshaw v. Heckler, 810 F.2d 786, 789 (8th Cir.1987).
discussed Cited "see" Margie M. PENN, Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Appellee
8th Cir. · 1990 · signal: see · confidence high
See Bradshaw v. Heckler, 810 F.2d 786, 790 (8th Cir.1987) (the hypothetical question to the VE “must state with precision the physical and mental impairments of the claimant”); Roberts v. Heckler, 783 F.2d 110, 112 (8th Cir.1985) (per curiam) (“the hypothetical is sufficient if it sets forth the impairments which are accepted as true by the ALT”).
cited Cited "see, e.g." Sumler v. Bowen
W.D. Ark. · 1987 · signal: see also · confidence medium
See also Bradshaw v. Heckler, 810 F.2d 786, 789 (8th Cir.1987).
Retrieving the full opinion text from the archive…
16 soc.sec.rep.ser. 229, unempl.ins.rep. Cch 17,158 Richard M. Bradshaw
v.
Margaret M. Heckler, Secretary of Health and Human Services of the United States
85-2516.
Court of Appeals for the Eighth Circuit.
Feb 2, 1987.
810 F.2d 786
Cited by 12 opinions  |  Published
Pinpoint authority: bottom 55%

810 F.2d 786

16 Soc.Sec.Rep.Ser. 229, Unempl.Ins.Rep. CCH 17,158
Richard M. BRADSHAW, Appellant,
v.
Margaret M. HECKLER, Secretary of Health and Human Services
of the United States, Appellee.

No. 85-2516.

United States Court of Appeals,
Eighth Circuit.

Submitted Oct. 16, 1986.
Decided Feb. 2, 1987.

Robert W. Pratt, Des Moines, Iowa, for appellant.

Robert C. Dopf, Asst. U.S. Atty., Des Moines, Iowa, for appellee.

Before LAY, Chief Judge, FAGG, Circuit Judge, and TIMBERS,[*] Senior Circuit Judge.

LAY, Chief Judge.

1

Richard Bradshaw appeals to this court from a decision of the district court which affirmed the decision of the Secretary of Health and Human Services denying Bradshaw's application for disability benefits.

Background

2

The claimant, age forty-two, alleges that he suffers from disabling degenerative joint disease in his right hip. He testified at his administrative hearing that his hip causes him constant pain which allows him to walk only a few feet at a time before he must sit down and rest. He claims he is not capable of standing for extended periods of time and he is unable to bend, stoop, or squat. The hip problem also causes him to fall occasionally. Bradshaw further testified that the hip pain often keeps him awake at nights and has prevented him from pursuing his hobby of fishing. He is able, however, to do light household chores and can drive his car short distances.

3

Bradshaw has a limited educational background; his reading and writing abilities are limited as is his understanding of math. He has never received any kind of vocational training. He testified that he has difficulty concentrating and is easily distracted, conditions which he contends are at least partially caused by his hip pain. He also claims to have difficulty understanding what is said to him and has difficulty handling stress to an extent.

4

Dr. David McClain, Bradshaw's treating physician, diagnosed Bradshaw's hip condition as degenerative joint disease which decreased his range of motion. McClain prescribed pain killers for Bradshaw recommending that he stop working as a custodian, a position he had held for seventeen years, and seek vocational training for work not involving manual labor. Bradshaw was also examined by a consulting physician, Dr. L.R. Brewer. Dr. Brewer diagnosed probable right hip joint disease noting that when Bradshaw stood, he bore most of his weight on his left side and limped noticeably. Brewer found no severe limitation of motion in the hip and no atrophy in the area. He found no neurological or pulmonary deficiencies.

5

Upon consideration of this evidence, the Social Security Administrative Law Judge (ALJ) concluded that Bradshaw's hip problems constituted a severe impairment which prevented him from continuing his past relevant work as a custodian. Based on Dr. McClain's recommendation of vocational retraining, however, the ALJ determined that Bradshaw has the residual functional capacity to perform sedentary work. The ALJ believed that any emotional stress that Bradshaw may have been experiencing was due to the anxiety over his unemployment. Accordingly, the ALJ issued a finding of "not disabled" and denied Bradshaw's application for benefits. This decision was affirmed on appeal by the district court.[1]

Discussion

6

In the present case, the ALJ erred in two respects. Once the claimant proved that his hip impairment was severe enough to prevent him from continuing his work as a custodian, the burden of proving that he was not disabled within the meaning of the Act shifted to the Secretary. The ALJ failed to properly allocate this burden here. We have held consistently that where the Secretary fails to acknowledge the burden of proof one way or another, it must be assumed that the burden improperly remained on the claimant. See, e.g., Dover v. Bowen, 784 F.2d 335, 337 (8th Cir.1986); Lanning v. Heckler, 777 F.2d 1316, 1317 (8th Cir.1985). Such cases require reversal and a remand except in those rare instances where the outcome would be clear regardless of who shoulders the burden of proof. See Lanning, 777 F.2d at 1317.

7

We disagree with the district court's finding that the allocation of the burden of proof in this case would not have affected the ALJ's decision and that Bradshaw would have lost regardless of which party shouldered the burden in this case. The allocation of the burden of proof in this case could be critical. Bradshaw has a serious hip problem which the Secretary acknowledges is painful. Evidence was presented that this pain often continued regardless of whether Bradshaw was engaged in physical activity or sedentary activity and there was no evidence to contradict this. The Secretary, however, discounted the allegations of sedentary pain and found Bradshaw capable of sedentary work. We must assume that the Secretary placed on Bradshaw the burden of proving he was not capable of sedentary work. However, given the nature of the evidence presented in this case, we believe that had the burden been properly given to the Secretary, a different result may well have obtained.

8

The Secretary's decision as it now stands is not supported by substantial evidence on the record as a whole. The only support for the ALJ's determination was an inference he drew from Dr. McClain's opinion. The ALJ observed:

9

In addition to the limitations listed above, the claimant has indicated that he is incapable of prolonged sitting. Dr. McClain was of a similar opinion but went on to state that the claimant should, and presumably could, be retrained in work other than manual labor. From this recommendation the undersigned concludes that the claimant has the sitting capacity compatible with sedentary work.

10

What Dr. McClain actually concluded was this:

11

Mr. Bradshaw was treated for degenerative joint disease of the right hip. He is noted to have decreased range of motion, negative McMurray sign, negative drawer sign. The right knee gives out and patient has constant pain. Walking is most difficult for Mr. Bradshaw. Prolonged sitting and/or standing increases his discomfort. Climbing would be almost impossible for him to do. He has obtained out-patient physio-therapy at Des Moines General Hospital, 603 E. 12th Street, Des Moines, Iowa 50307.

12

I recommended job retraining into an area other than manual labor. His present medication is Easperin. Mr. Bradshaw was released to return to work on August 20, 1984, however it would be to Mr. Bradshaw's best interests to obtain job retraining into a field other than manual labor.

13

McClain's observations do not constitute "evidence that a reasonable mind might accept as adequate to support a conclusion" that Bradshaw is capable of sedentary work. See, e.g., Smith v. Schweiker, 728 F.2d 1158, 1162 (8th Cir.1984). There is no evidence that Dr. McClain is a vocational expert or that he understands the definition of sedentary work within the meaning of the regulations. Although this evidence could be construed to support the Secretary's conclusion, it is not, in and of itself, an adequate basis on which to make a finding of "not disabled." Dr. McClain's statement that Bradshaw has increased discomfort with prolonged sitting detracts from his recommendation of job retraining. See Universal Camera Corp. v. National Labor Relations Bd., 340 U.S. 474, 488, 71 S.Ct. 456, 464, 95 L.Ed. 456 (1951) ("The substantiality of evidence must take into account whatever in the record fairly detracts from its weight.")

14

The second way in which the ALJ erred was by not utilizing expert vocational testimony to determine whether there are jobs available in the national economy which Bradshaw has the capacity to perform. He instead turned to the medical-vocational guidelines and determined that Bradshaw was not disabled. We think this was error. This court has invariably held that where a claimant suffers from a nonexertional impairment, the guidelines "are not controlling and cannot be used to direct a conclusion of disabled or non-disabled." Haynes v. Heckler, 716 F.2d 483, 485 (8th Cir.1983). Thus, where a claimant suffers in whole or in part from a nonexertional impairment, his "characteristics do not identically match those set forth in the guidelines and vocational expert testimony is required for the Secretary to determine whether there are jobs available that a person with the claimant's particular characteristics can perform." Jelinek v. Heckler, 764 F.2d 507, 511 (8th Cir.1985). Only where the ALJ shows, by vocational expert testimony or other evidence, that the nonexertional impairment does not limit the claimant's ability to perform all of the jobs contemplated by, in this case, sedentary work as defined in 20 C.F.R. Sec. 404.1567(a) (1986), may the grid be applied. See Tucker v. Heckler, 776 F.2d 793, 796 (8th Cir.1985); Hunt v. Heckler, 748 F.2d 478, 481 (8th Cir.1984). In this case, the evidence is undisputed that pain does limit Bradshaw's performance in doing even sedentary work.

15

Furthermore, the ALJ made a finding of "not disabled" without the benefit of any vocational expert testimony. Instead, he stated that he took the limitations imposed by Bradshaw's pain into account in formulating Bradshaw's residual functional capacity. However, residual functional capacity is a medical factor which is defined wholly in terms of the claimant's physical ability to perform certain exertional tasks. See McCoy v. Schweiker, 683 F.2d 1138, 1148 (8th Cir.1982) (en banc). The appropriate evaluation is for the ALJ to determine the claimant's residual functional capacity apart from the nonexertional limitations. After making findings as to the claimant's age, education, and previous work experience, see id. at 1142, the ALJ must present them as well as any findings he makes pertaining to allegations of pain to a vocational expert in the form of a hypothetical question. The question must state with precision the physical and mental impairments of the claimant. Ulrick v. Heckler, 780 F.2d 1381, 1382 (8th Cir.1985). From the expert's testimony, the ALJ can determine whether jobs exist in the national economy that claimant is capable of performing thus satisfying the second prong of the Secretary's burden of proof.

16

This procedure was not utilized in this case. Accordingly, we reverse the decision of the district court and remand with instructions for a rehearing conforming to the procedures and mandates set forth in this opinion.

*

The HONORABLE WILLIAM H. TIMBERS, Senior Circuit Judge, United States Court of Appeals for the Second Circuit, sitting by designation

1

The Honorable William C. Stuart, United States District Court for the Southern District of Iowa, presiding