Roger WAITE, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 819 F.2d 1356 (7th Cir. 1987). · Go Syfert
Roger WAITE, Plaintiff-Appellant, v. Otis R. BOWEN, Sec'y, Dep't of Health & Human Servs., Defendant-Appellee, 819 F.2d 1356 (7th Cir. 1987). Cases Citing This Book View Copy Cite
95 citation events (25 in the last 25 years) across 14 distinct courts.
Strongest positive: Olsen v. O'Malley (ilnd, 2025-03-19)
Treatment trajectory · 1987 → 2026 · click a year to view as-of
1987 2006 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (rule) Olsen v. O'Malley
N.D. Ill. · 2025 · confidence medium
“Nothing in the record indicates that [the plaintiff] was insufficiently informed in procedural matters to make a supplemental submission to the Appeals Council.” Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir. 1987).
cited Cited as authority (rule) Bell v. Social Security Administration
N.D. Ill. · 2019 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir. 1987); Wilson v. Shalala, 7 F.3d 239 , 1993 WL 404256 , at *3 n.1 (7th Cir. 1993).
discussed Cited as authority (rule) JANEZICH v. Barnhart
N.D. Ill. · 2006 · confidence medium
(R. 27, Pl.’s Resp. at 6.) The Seventh Circuit has interpreted former listing 1.13 as requiring “the imposition of a series of surgical procedures to restore major function of the extremity.” Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
discussed Cited as authority (rule) Janezich v. Barnhart
N.D. Ill. · 2006 · confidence medium
(R. 27, Pl.’s Resp. at 6.) The Seventh Circuit has interpreted former listing 1.13 as requiring “the imposition of a series of surgical procedures to restore major function of the extremity.” Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
examined Cited as authority (rule) William D. Avenetti v. Joanne B. Barnhart, Commissioner of the Social Security Administration (3×) also: Cited "see"
9th Cir. · 2006 · confidence medium
The district court adopted the interpretation of three circuits, see Knepp v. Apfel, 204 F.3d 78, 86 (3d Cir.2000); Lapinsky v. Secretary of Health & Human Services, 857 F.2d 1071, 1073 (6th Cir.1988); Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987), and held that this provision requires disability that is caused by the restorative surgical procedures.
examined Cited as authority (rule) Avenetti v. Social Security Administration (3×) also: Cited "see"
9th Cir. · 2006 · confidence medium
The district court adopted the interpretation of three cir- cuits, see Knepp v. Apfel, 204 F.3d 78, 86 (3d Cir. 2000); Lapinsky v. Secretary of Health & Human Services, 857 F.2d 1071, 1073 (6th Cir. 1988); Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir. 1987), and held that this provision requires dis- ability that is caused by the restorative surgical procedures.
cited Cited as authority (rule) Nance v. Barnhart
D. Del. · 2002 · confidence medium
Knepp, 204 F.3d at 86 (quoting Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987)).
discussed Cited as authority (rule) Machos v. SSA
D.N.H. · 2000 · confidence medium
Second, listing 1.13 is directed at situations "where restoration of function will require repeated staged surgical procedures over a lengthy period, thus making an individual who would otherwise be capable of substantial gainful employment unavailable for work because of these repeated surgical procedures." Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir. 1987) (emphasis supplied).
examined Cited as authority (rule) Knepp v. Comm Social Security (6×) also: Cited "see"
3rd Cir. · 2000 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
cited Cited as authority (rule) Demeritt v. SSA
D.N.H. · 1999 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir 1987).
discussed Cited as authority (rule) Melvin Dambacher v. Donna E. Shalala, Secretary of the Department of Health and Human Services of the United States of America
7th Cir. · 1995 · confidence medium
As we stated in Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir. 1987), Listing 1.13 19 is directed at the loss of the use of one extremity, not in itself disabling under the regulations, where restoration of function will require repeated staged surgical procedures over a lengthy period, thus making an individual who would otherwise be capable of substantial gainful employment unavailable for work because of these repeated surgical procedures. 20 The Waite decision clarified that Listing 1.13 does not grant benefits to someone who has lost the use of an extremity for twelve months or more, absen…
cited Cited as authority (rule) Rucker v. Shalala
S.D. Ind. · 1995 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
discussed Cited as authority (rule) Donald Inmon v. Donna E. Shalala (2×)
7th Cir. · 1995 · confidence medium
Here, the ALJ found that 11 The medical evidence establishes that the claimant has severe residuals of two surgeries on the right wrist and four surgeries on the left knee plus dysthymia and borderline intelligence, but that he does not have an impairment or combination of impairments listed in, or medically equal to one listed in Appendix 1, Subpart P, Regulations No. 4. 12 Tr. 23. 13 This finding is equally, if not more, specific than the articulation we determined to be sufficient in Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
discussed Cited as authority (rule) Linda Hereford v. Donna E. Shalala, Secretary of Health and Human Services (2×)
7th Cir. · 1995 · confidence medium
See Pope v. Shalala, No. 92-1084, slip op. at 10 (7th Cir. July 2, 1993) (citing Scott v. Sullivan, 898 F.2d 519, 524 [7th Cir.1990]; Waite v. Bowen, 819 F.2d 1356, 1360 [7th Cir.1987].
discussed Cited as authority (rule) Ruthann Rice v. Donna E. Shalala, Secretary of Health and Human Services
7th Cir. · 1994 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Orlando v. Heckler, 776 F.2d 209, 213 (7th Cir.1985). 26 After careful consideration of the entire record, the ALJ made the following findings: 27 1.
examined Cited as authority (rule) Elnora G. POPE, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee (4×) also: Cited "see"
7th Cir. · 1993 · confidence medium
Scott v. Sullivan, 898 F.2d at 524 ; Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
cited Cited as authority (rule) Raymond Dudley v. Donna E. Shalala, Secretary of Health and Human Services
7th Cir. · 1993 · confidence medium
Stein v. Sullivan, 966 F.2d 317, 319-20 (7th Cir.1992); Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Stephens v. Heckler, 766 F.2d 284, 287-88 (7th Cir.1985).
discussed Cited as authority (rule) Creighton v. Sullivan
N.D. Ind. · 1992 · confidence medium
A court may remand a case to the Secretary to consider additional evidence if the evidence is new, material, and there is good cause for not introducing it during the administrative proceedings. 42 U.S.C. § 405 (g); 1 Sears v. Bowen, 840 F.2d 394, 399 (7th Cir.1988); Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987) (citing Bauzo v. Bowen, 803 F.2d 917, 926 (7th Cir.1986)).
cited Cited as authority (rule) Wallace E. Ehrhart v. Secretary of Health and Human Services
7th Cir. · 1992 · confidence medium
Meredith, 833 F.2d at 654; Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987).
discussed Cited as authority (rule) Lopez v. Secretary, Department of Health & Human Services
N.D. Ind. · 1992 · confidence medium
“If the record as a whole contains substantial evi dence to support the ALJ’s [or the Secretary’s] factual determinations, however, then ... [the decision of the Secretary must be affirmed] unless there has been an error of law.” Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Orlando v. Heckler, 776 F.2d 209, 213 (7th Cir.1985).
cited Cited as authority (rule) Teamer v. Secretary of Health & Human Services
N.D. Ind. · 1991 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Orlando v. Heckler, 776 F.2d 209, 213 (7th Cir.1985).
cited Cited as authority (rule) Martin v. Sullivan
S.D. Ind. · 1990 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
cited Cited as authority (rule) Lidy v. Sullivan
S.D. Ind. · 1990 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
discussed Cited as authority (rule) Thomas L. SCOTT, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Defendant-Appellee (2×)
7th Cir. · 1990 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987). 5 Thus, this opinion further supported the AU’s decision that although Scott may have had a “severe impairment,” it was not so severe as to prevent Scott from doing light or sedentary work. 6 III.
cited Cited as authority (rule) Short v. Sullivan
S.D. Ind. · 1989 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
cited Cited as authority (rule) Kovacevich v. Sullivan
N.D. Ind. · 1989 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Garfield v. Schweiker, 732 F.2d 605, 607 (7th Cir.1984); Whitney v. Schweiker, 695 F.2d 784, 786 (7th Cir.1982).
discussed Cited as authority (rule) James M. FARRELL, Plaintiff-Appellant, v. Louis W. SULLIVAN, M.D., Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1989 · confidence medium
The ALJ made the required specific determination that Farrell did not have an impairment or combination of impairments that equaled the severity of impairments in the Listing of Impairments, see Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987), and there is substantial evidence supporting that conclusion.
discussed Cited as authority (rule) Harvey PUGH, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee (2×)
7th Cir. · 1989 · confidence medium
See, e.g., Steward v. Bowen, 858 F.2d 1295, 1297 (7th Cir.1988); Veal v. Bowen, 833 F.2d 693, 696 (7th Cir.1987); Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Delgado v. Bowen, 782 F.2d 79, 82 (7th Cir.1986).
cited Cited as authority (rule) John C. Curry v. Secretary of Health & Human Services
6th Cir. · 1988 · confidence medium
We do not think such anomalous results were intended. 42 Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
discussed Cited as authority (rule) unempl.ins.rep. Cch 14202a Gary Lapinsky v. Secretary of Health & Human Services
6th Cir. · 1988 · confidence medium
This interpretation is supported by the phrases "staged surgical procedures" for "salvage and/or restoration." 13 Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987) 14 In Waite, the claimant argued that his injury satisfied the listing since the major function of his permanently paralyzed arm could not be restored within twelve months.
discussed Cited as authority (rule) Lapinsky v. Secretary of Health & Human Services
6th Cir. · 1988 · confidence medium
This interpretation is supported by the phrases “staged surgical procedures” for “salvage and/or restoration.” Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987) In Waite , the claimant argued that his injury satisfied the listing since the major function of his permanently paralyzed arm could not be restored within twelve months.
discussed Cited as authority (rule) Johnson v. Bowen
W.D. Wis. · 1988 · confidence medium
To be sure, the requirement that defendant articulate his consideration of an issue is minimal, Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987), but there must be some indication somewhere of the awareness of an issue before its consideration may be inferred. 63 I therefore conclude, as a further and separate ground for relief, that defendant failed to consider the plaintiff’s combined impairments of obesity and arthritis to determine plaintiff’s disability at Step 3.
cited Cited as authority (rule) Nesvold v. Bowen
N.D. Ind. · 1988 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987), citing Garrison v. Heckler, 765 F.2d 710, 713 (7th Cir.1985).
discussed Cited as authority (rule) David SEARS, Plaintiff-Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1988 · confidence medium
Remand A court may remand a case to the Secretary to consider additional evidence if the evidence is new, material, and there is good cause for not introducing it during the administrative proceedings. 42 U.S.C. § 405 (g); 5 Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987) (citing Bauzo, 803 F.2d at 926 ).
discussed Cited as authority (rule) Cummings v. Bowen
N.D. Ill. · 1988 · confidence medium
For example, Waite v. Bowen, 819 F.2d 1356, 1361-62 (7th Cir.1987) found no good *980 cause for attempting to introduce evidence before the district court that could have been presented in a supplemental submission to the Appeals Council.
discussed Cited as authority (rule) Johnson v. Bowen
N.D. Ind. · 1987 · confidence medium
Initially, it should be “note[d] that an AU is not bound by a doctor’s conclusion that a claimant is ‘disabled because he meets the requirement of a certain listing.’ ” Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
discussed Cited as authority (rule) Lillie VEAL, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee (2×) also: Cited "see"
7th Cir. · 1987 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Delgado v. Bowen, 782 F.2d 79, 82 (7th Cir.1986) (per curiam); Orlando v. Heckler, 776 F.2d 209, 213 (7th Cir.1985); Rousey v. Heckler, 771 F.2d 1065, 1069 (7th Cir.1985).
discussed Cited as authority (rule) Claude McQueen v. Otis R. Bowen, M.D., Secretary of Health & Human Services
6th Cir. · 1987 · confidence medium
Section 1.13 is "directed at the loss of the use of one extremity, ... where restoration of function will require repeated staged surgical procedures over a lengthy period...." Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987).
discussed Cited as authority (rule) Sue A. MEREDITH, Plaintiff-Appellee, v. Otis R. BOWEN, Secretary of Health and Human Services, Defendant-Appellant (2×) also: Cited "see, e.g."
7th Cir. · 1987 · confidence medium
Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987).
cited Cited as authority (rule) Watson v. Bowen
N.D. Ind. · 1987 · confidence medium
Burnett at 734 ; Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
cited Cited as authority (rule) Wright v. Bowen
N.D. Ind. · 1987 · confidence medium
Burnett at 734 ; Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
discussed Cited as authority (rule) Rodney BURNETT, Plaintiff-Appellant, v. Otis BOWEN, Secretary, Department of Health and Human Services, Defendant-Appellee
7th Cir. · 1987 · confidence medium
The substantial evidence standard “[a]pplies to the district court’s review of the Secretary’s decision as well as this court’s review of the district court’s decision.” /worn v. Heckler, 797 F.2d 508 , 510 (7th Cir. 1986). 5 If the Secretary’s findings are supported by substantial evidence in the record, “we must affirm unless there has been an error of law.” Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987).
discussed Cited "see" Roman v. Apfel
D. Conn. · 1998 · signal: see · confidence high
See Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987) (holding that good cause for failure to submit evidence earlier not shown where evidence available before Appeals Council had reviewed case and no indication that claimant insufficiently informed about proper procedure to submit supplemental pleading); Kindred v. Heckler, 595 F.Supp. 563, 567 (N.D.Ill.1984) (holding that claimant must show good cause for failure to submit evidence to ALJ and Appeals Council).
discussed Cited "see" Magray v. Shalala
E.D. Wis. · 1995 · signal: see · confidence high
See Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987) (finding that, even if the hypothetical question did not expressly indicate pain, the vocational expert was aware of such complaints since he stated he had been provided with copies of all medical reports, had read and understood them, had reviewed and was familiar with the exhibits in the case, and there was nothing to indicate the expert did not consider all of the information to him); see also, Ehrhart v. Secretary of Health and Human Services, 969 F.2d 534, 540 (7th Cir. 1992) (when the record supports a conclusion that the vocational …
cited Cited "see" William J. O'Neill v. Donna E. Shalala, Secretary of Health and Human Services
8th Cir. · 1994 · signal: see · confidence high
See Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir. 1987); see also Lapinsky v. Secretary of Health & Human Servs., 857 F.2d 1071, 1073 (6th Cir. 1988) (per curiam).
cited Cited "see" Hudacek v. Sullivan
W.D. Wis. · 1990 · signal: see · confidence high
See Waite v. Bowen, 819 F.2d 1356, 1361 (7th Cir.1987).
cited Cited "see" Bailey v. Sullivan
S.D. Ind. · 1989 · signal: see · confidence high
See Waite v. Bowen, 819 F.2d 1356, 1359 (7th Cir.1987); Walker v. Bowen, 834 F.2d 635, 644 (7th Cir.1987).
discussed Cited "see" Brita ARBOGAST, Plaintiff-Appellant, v. Otis R. BOWEN, M.D., Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1988 · signal: see · confidence high
In reviewing the decision of an AU, we previously have noted that, “[ujnless there has been an error of law,” we cannot overturn his factual findings “if the findings are supported by substantial evidence.” Veal v. Bowen, 833 F.2d 693, 696 (7th Cir.1987); see Waite v. Bowen, 819 F.2d 1356, 1360 (7th Cir.1987); Delgado v. Bowen, 782 F.2d 79, 82 (7th Cir.1986) (per curiam).
cited Cited "see, e.g." Gary JONES, Plaintiff-Appellant, v. Donna E. SHALALA, Secretary of Health and Human Services, Defendant-Appellee
7th Cir. · 1993 · signal: see, e.g. · confidence low
See, e.g., Waite v. Bowen, 819 F.2d 1356 (7th Cir.1987).
discussed Cited "see, e.g." Nancy E. CLARKE, Appellant, v. Otis R. BOWEN, Secretary of Health and Human Services, Appellee (2×)
8th Cir. · 1988 · signal: see also · confidence low
See Medtronic, Inc. v. Gibbons, 684 F.2d 565, 569 (8th Cir.1982); see also Waite v. Bowen, 819 F.2d 1356 , 1360 n. 1 (7th Cir.1987). 11 As the dissent correctly observes, the district court remanded Clarke's case to the Secretary "for further hearing and vocational expert testimony." The decisions of the ALJ and Council that we have already discussed arose out of the remand proceedings.
Retrieving the full opinion text from the archive…
18 soc.sec.rep.ser. 5, unempl.ins.rep. Cch 17,373 Roger Waite
v.
Otis R. Bowen, Secretary, Department of Health and Human Services
86-2214.
Court of Appeals for the Seventh Circuit.
Jun 1, 1987.
819 F.2d 1356
Kim R. Genich, Madison, Wis., for plaintiff-appellant., Donna Morros Weinstein, Chief Counsel Reg. V. Dept. Health and Human Services, Chicago, Ill., for defendant-appellee.
Cummings, Wood, Coffey.
Cited by 56 opinions  |  Published
CUMMINGS, Circuit Judge.

Roger Waite appeals the district court’s judgment upholding the decision by the Secretary of Health and Human Services in which Waite was denied Social Security benefits. Waite challenges the Secretary’s decision that he does not suffer an impairment that meets or equals one listed in 20 C.F.R. Part 404, Subpart P, Appendix 1. He also challenges the Secretary’s conclusion that he is able to do some light and sedentary work with his limitations. Waite also argues that he has newly discovered evidence which warrants a remand for further consideration. We affirm.

I.

Waite, a thirty-eight-year-old former truck driver who has earned a general education diploma, was injured in a motorcycle accident on September 9, 1983. His injuries included a broken left leg, a dislocated left wrist, and a left temporal hematoma, all of which required surgery. His most serious injury, however, was to the nerve network in his left arm which left it completely and permanently paralyzed.

Waite was released from the hospital on December 29,1983, walking with the use of a cane. An examination in February 1984 showed nearly complete recovery from all injuries except the left arm paralysis accompanied by some pain. It also revealed that his leg had essentially healed and that he had a full range of motion of the hip and knee. The report indicated that Waite was able to walk without a cane, although he was using one for additional stability.

Waite applied for benefits, and a hearing was held before an Administrative Law Judge (AU) on April 26,1984. Waite testified that he had not worked since the accident and his daily activities were limited to watching television, reading, and visiting friends. He complained of pain in his paralyzed left arm and of occasional headaches. He also stated that he felt no pain in his leg, but that there was some stiffness. After the hearing, the AU received additional evidence, including a report of a vocational expert. The expert reported that someone with Waite’s impairments, background, and education could perform certain light and sedentary occupations such as a retail sales clerk, a telephone operator, a ticket agent, a self-service gas station attendant, a crossing guard, and a security guard/doorkeeper.

The AU concluded in a written opinion on June 17, 1985 that Waite was not disabled within the meaning of the Act. The AU reasoned that Waite’s impairment did not meet or exceed one of the list of specific impairments and that he was able to perform other work within the economy. Waite appeals, arguing that his impairments did meet certain listings or their equivalents and that the AU’s analysis of his residual functional capacity was not supported by the record. He also alleges that newly discovered medical evidence demonstrates that he continues to suffer leg limitations, pain, and headaches so that[*1359] the case should be remanded to the Secretary for reconsideration.

II.

Waite submits that he met the listed impairments of section 1.13 which requires benefits to be awarded for "soft tissue injuries of an upper or lower extremity requiring a series of staged surgical procedures within 12 months after onset for salvage and/or restoration of major function of the extremity, and such major function was not restored or expected to be restored within 12 months after onset." 20 C.F.R. Part 404, Subpart P, Appendix 1, § 1.13. Waite argues that the "thrust" of listing 1.13 is the loss of the major function of an extremity which was not restored or expected to be restored within 12 months, and that he qualified under this listing because he permanently lost the use of his left arm. In support, Waite cites a letter from one of his treating physicians expressing the opinion that his impairments met listing 1.13.

We initially note that an ALT is not bound by a doctor's conclusion that a claimant is "disabled" because he meets the requirements of a certain listing. See Garrison v. Heckler, 765 F.2d 710, 713 (7th Cir.1985); 20 O.F.R. § 404.1527 (physician's conclusions not dispositive). Moreover, we disagree with Waite's interpretation of listing 1.13. First, a different listing directly addresses the loss of function of an extremity. Section 1.09 involves the loss of function due to neurological deficits, and for benefits it requires the loss of both hands, both feet, or one hand and one foot. Waite's interpretation of listing 1.13 would place it in conflict with listing 1.09 because a claimant who has permanently lost the use of an extremity would qualify for benefits under listing 1.13, but he would not meet the more specific requirements of listing 1.09. Likewise, Waite's reading of the regulations would make the two listings duplicative because a claimant paralyzed in two extremities would qualify under both listings. We do not think such anomalous results were intended.

Instead, listing 1.13 clearly requires the imposition of a series of surgical procedures to restore major function of the extremity. Despite the lack of any decision interpreting this regulation, we agree with the district court and the Secretary's interpretation of this listing: it is directed at the loss of the use of one extremity, not in itself disabling under the regulations, where restoration of function will require repeated staged surgical procedures over a lengthy period, thus making an individual who would otherwise be capable of substantial gainful employment unavailable for work because of these repeated surgical procedures. This interpretation is supported by the phrases "staged surgical procedures" for "salvage and/or restoration." Under Waite's interpretation, this language would be unnecessary. If the regulations, as Waite claims, were intended to grant benefits to one who has lost the use of an extremity for twelve months or more, then the wording of the listing would have been that simple. Because Waite did not undergo a series of operations to restore the function of his left arm (everyone agreed at the outset that it was permanently lost), he did not meet the requirements of listing 1.13.

III.

Waite claims that the ALT erred in deciding whether his impairments were medically equivalent to a listed impairment, in violation of 20 C.F.R. § 404.1526. He first argues that the ALT failed to consider whether his impairments were medically equivalent to any of those listed. In his findings, however, the ALT stated, "The medical evidence establishes that the claimant has a loss of motor and sensory function of the left arm, but he does not have an impairment, or a combination of impairments listed, or medically equal to one listed in Appendix 1, Subpart P, of Social Security Regulations No. 4." (emphasis added). This is sufficient articulation to demonstrate that the ALT considered the issue of medical equivalence. See Stephens v. Heckler, 766 F.2d 284, 287-88 (7th Cir.1985).

[*1360] Waite also contends that the AU did not attempt to secure the opinion of one or more physicians designated by the Secretary to determine medical equivalence, contrary to the requirements of 20 C.F.R. § 404.1526(b). Yet the record contains an opinion of a state agency physician that the severity of Waite’s impairments did not meet or equal any of the listings. Waite argues that this opinion was premature and therefore did not support the AU’s conclusion because it was made on November 11, 1983, before much of the medical evidence existed. Nevertheless, the record reveals that the state agency reaffirmed its opinion on February 1, 1984 after reviewing the entire files of Waite’s medical history. Hence, this argument is without merit.

Waite alleges that the record does not support the AU’s conclusion that his injuries did not equal the listed impairments in section 1.13 or section 11.08. If the record as a whole contains substantial evidence to support the AU’s factual determinations, however, then we must affirm unless there has been an error of law. Orlando v. Heckler, 776 F.2d 209, 213 (7th Cir.1985).

We have already demonstrated why Waite’s injuries did not equal listing 1.13 because it requires a series of operations to restore an impaired limb, and Waite had no such operations. Moreover, the purpose of listing 1.13 is to allow a period of recovery for surgical restoration of an impaired limb, the functional loss of which is implicitly regarded as not disabling. Thus, no collection of Waite’s impairments can be considered medically equivalent to this listing because the impairments themselves are unrelated to the purpose of this listing.

Waite also claims that he equaled the requirements of listing 11.08 for a finding of disability from spinal cord or nerve root lesions, due to any cause, resulting in significant and persistant disorganization of motor function in two extremities. He submits that his paralyzed left arm and his continual problems with his leg and head injuries have resulted in the functional disorganization of two of his extremities, his left arm and leg.

There is no medical evidence in the record, however, that Waite has residual problems from his leg and head injuries that could be combined with his arm impairment so as to equal this listing. His treating physician stated in February 1984 that Waite had essentially normal function of the leg which was broken and that he had experienced “solid healing.” The doctor also indicated that Waite had full range of motion from the left hip and knee, and that the leg was giving him no trouble. Although Waite points to the doctor’s opinion that his impairments equaled the requirements of listing 11.08, he neglects to add the doctor’s qualifying statement “that the lesion coming under 11.08 affects only one extremity and not two” as required by the regulation. Therefore, there is substantial evidence in the record that Waite’s impairments do not equal listing 11.08. [1]

IV.

Waite avers that the Secretary erred in determining whether he could do other work despite his limitations because the AU failed to make a specific finding of his residual functional capacity, in violation of 20 C.F.R. § 404.1520(f). We examine the AU’s opinion as a whole to ascertain whether he considered all of the relevant evidence, made the required determinations, and gave supporting reasons for his decisions. Orlando, 776 F.2d at 213. An AU may recite his determinations and supporting reasoning in either the findings or the discussion section of his opinion. Id.

Here, the AU discussed Waite’s residual functional capacity at length in his opinion, specifically noting the extent of Waite’s “residual permanent injury of a total loss of motor and sensory function of his non-dominant left upper extremity.” The AU also noted the response of a vocational expert to a hypothetical question[*1361] asking whether a one-handed person could perform any light or sedentary occupations which are available in significant numbers in the economy. This is sufficient consideration of Waite's residual functional capacity, or what work Waite can do despite his limitations. Id.

V.

Waite alleges that the ALT violated 20 C.F.R. § 404.1529 when he failed to consider his non-exertional impairments of pain and dizziness which he claims required him to use a cane. In a related argument, Waite claims that the hypothetical question posed to the vocational expert failed to include these impairments so that the expert's response did not correctly evaluate his residual functional capacity.

First, the ALT specifically addressed Waite's complaints of pain in the discussion section of his order, noting that Waite complained of periodic headaches and pain in his left arm. This reveals that the ALT sufficiently considered the evidence of pain, as the statute requires him to do. Stephens v. Heckler, 766 F.2d 284, 287 (7th Cir.1985).

The vocational expert also was aware of Waite's complaints of pain when he answered the hypothetical question on what types of jobs Waite could perform despite his limitations. The expert indicated that he had been provided copies of all medical reports, that he could read and understand them, and that he had reviewed and was familiar with the exhibits in this case, and there is nothing to indicate that the expert did not consider all of the information available to him. Thus, the record supports the conclusion that the expert considered any complaints of pain in his response even if the hypothetical question did not expressly indicate pain.

Second, we note that the hearing in this case was held only seven months after Waite's accident. While Waite complained of pain and dizziness at the hearing, the record as a whole reveals that except for the permanent loss of the use of his left arm, Waite was expected to recover fully from all other injuries and impairments within twelve months of the date of his accident. This view was supported by an evaluation of one of Waite's treating physicians on September 14, 1984, almost one year after the accident, in which he noted that Waite had lost the use of one arm and that Waite's degree of disability "could be considered equivalent to that of having amputation of the left upper extremity at the shoulder without use of a prosthesis." Thus, when the ALT entered his decision on June 17, 1985, he was entitled to conclude that Waite had a single impairment, the loss of his non-dominant left arm, and that his non-exertional impairments did not meet the twelve-month durational period of 42 U.S.C. § 423(d)(1)(A).

VI.

Finally, Waite urges that there was newly discovered medical evidence which warranted consideration by the Secretary. The evidence consists of an evaluation by a chiropractor which began on September 11, 1985, and Waite alleges that it shows that he continues to suffer from leg limitations, pain, and headaches. This report was initially introduced in Waite's reply brief in district court which was filed on May 18, 1986.

Under 42 U.S.C. § 405(g), a court is permitted to remand a case to the Secretary to substantiate a claim of disability only if the evidence is new, material and not cumulative, and there was good cause for failing to incorporate the evidence in a prior proceeding. Bauzo v. Bowen, 803 F.2d 917, 926 (7th Cir.1986). Although Waite offers only the conclusory statement that the evidence was material, we need not decide this issue because he has not demonstrated good cause for not having offered it in a prior proceeding. At least some of the evidence was available before the Appeals Council reviewed Waite's case on October 31, 1985. Nothing in the record indicates that Waite was insufficiently informed in procedural matters to make a supplemental submission to the Appeals Council, and he has failed to meet his burden of showing good cause for failure to[*1362] incorporate the evidence into the record. See Kindred v. Heckler, 595 F.Supp. 563, 567 (N.D.Ill.1984).

Therefore, Waite’s denial of benefits by the Secretary is

Affirmed.

1

. Waite argues in his reply brief that his impairments equaled listing 1.09 (requiring loss of major function due to neurological deficits or instability in one hand and one foot), but his argument comes too late. Issues may not be raised on appeal for the first time in a reply brief as a ground for reversal. Christmas v. Sanders, 759 F.2d 1284, 1292 (7th Cir.1985).