Lorraine Smith v. Otis R. Bowen, Sec'y, Dep't of Health & Human Servs., 826 F.2d 1120 (D.C. Cir. 1987). · Go Syfert
Lorraine Smith v. Otis R. Bowen, Sec'y, Dep't of Health & Human Servs., 826 F.2d 1120 (D.C. Cir. 1987). Cases Citing This Book View Copy Cite
“the secretary has the burden of showing that the claimant is capable of performing gainful work”
137 citation events (108 in the last 25 years) across 8 distinct courts.
Strongest positive: Hall v. Saul (dcd, 2022-02-04)
Treatment trajectory · 1988 → 2026 · click a year to view as-of
1988 2007 2026
Top citers, strongest first. 50 distinct citers. How cited ↗
discussed Cited as authority (verbatim quote) Hall v. Saul
D.D.C. · 2022 · quote attribution · 1 verbatim quote · confidence high
the secretary has the burden of showing that the claimant is capable of performing gainful work
discussed Cited as authority (rule) Gaither v. Dudek
D.D.C. · 2026 · confidence medium
“A district court sits in what is essentially an appellate role when it reviews the Commissioner’s disability determination, which must be upheld ‘if it is supported by substantial evidence and is not tainted by an error of law.’” Grant v. Kijakazi, 619 F. Supp. 3d 128 , 135 (D.D.C. 2022) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Powell v. O'Malley
D.D.C. · 2025 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
discussed Cited as authority (rule) Dickerson v. O'Malley
D.D.C. · 2025 · confidence medium
“A district court sits in what is essentially an appellate role when it reviews the Commissioner’s disability determination, which must be upheld ‘if it is supported by substantial evidence and is not tainted by an error of law.’” Grant v. Kijakazi, 619 F. Supp. 3d 128 , 135 (D.D.C. 2022) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Chambers v. O'Malley
D.D.C. · 2025 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
discussed Cited as authority (rule) Dennison, Sr. v. O'Malley
D.D.C. · 2025 · confidence medium
LEGAL STANDARD When reviewing the SSA’s disability determination, the district court acts in an appellate role and must uphold the determination “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Dunlap v. O'Malley
D.D.C. · 2025 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Richardson v. Kijakazi
D.D.C. · 2025 · confidence medium
STANDARD OF REVIEW The court must uphold the Commissioner’s determination “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Gay v. Kijakazi
D.D.C. · 2025 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Newsome v. Kijakazi
D.D.C. · 2025 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) McEachin v. Kijakazi
D.D.C. · 2024 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Brooks v. Kijakazi
D.D.C. · 2024 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Pixley v. Kijakazi
D.D.C. · 2024 · confidence medium
LEGAL STANDARD When reviewing the SSA’s disability determination, the district court acts in an appellate role and must uphold the determination “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Beletzuy Monzon v. O'Malley
D.D.C. · 2024 · confidence medium
LEGAL STANDARD A district court sits in what is essentially an appellate role when it reviews the SSA’s disability determination, which must be upheld “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Smith v. Kijakazi
D.D.C. · 2024 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Miller v. Saul
D.D.C. · 2024 · confidence medium
Notably, the Grids “do not take into account nonexertional impairments.” Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
discussed Cited as authority (rule) Venzon v. Kijakazi
D.D.C. · 2024 · confidence medium
In this way, “[a] district court sits in what is essentially an appellate role when it reviews the Commissioner’s disability determination.” Grant v. Kijakazi, 619 F. Supp. 3d 128 , 135 (D.D.C. 2022) (citing Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Green v. Commissioner of Social Security
D.D.C. · 2024 · confidence medium
“The grids specify whether a significant number of jobs in the national economy exist for a claimant of a given age, education, work experience, and residual functional capacity (that is, functional level of work that the claimant can physically perform on a sustained basis).” Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Saidian v. Kijakazi
D.D.C. · 2024 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Brown v. Kijakazi
D.D.C. · 2024 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Wright v. Saul
D.D.C. · 2024 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Lawton v. Kijakazi
D.D.C. · 2023 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
cited Cited as authority (rule) Pinkney v. Commissioner of Social Security
D.D.C. · 2023 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Odom v. Saul
D.D.C. · 2023 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Williams v. Kijakazi
D.D.C. · 2023 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
discussed Cited as authority (rule) Bullock v. Saul
D.D.C. · 2023 · confidence medium
LEGAL STANDARD A district court sits in what is essentially an appellate role when it reviews the Commissioner’s disability determination, which must be upheld “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Watson v. Commissioner of Social Security
D.D.C. · 2023 · confidence medium
Id.; Butler, 353 F.3d at 999 ; Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
examined Cited as authority (rule) Harris v. Kijakazi (3×) also: Cited "see"
D.D.C. · 2023 · confidence medium
Smith v. Bowen, 826 F.2d 1120, 1122 (D.C.
discussed Cited as authority (rule) Pond v. Saul
D.D.C. · 2023 · confidence medium
In this way, "[a] district court sits in what is essentially an appellate role when it reviews the Commissioner's disability determination." Grant v. Kijakazi, 619 F. Supp. 3d 128 , 135 (D.D.C. 2022) (citing Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Winslow v. Saul
D.D.C. · 2023 · confidence medium
Cir. 2004); Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Gibson v. Saul
D.D.C. · 2022 · confidence medium
LEGAL STANDARD Upon review, “[t]he court must uphold the [ALJ’s] determination if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Brown v. Kijakazi
D.D.C. · 2022 · confidence medium
LEGAL STANDARD When reviewing the Commissioner’s disability determination, a district court must uphold the decision “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Grant v. Commissioner of Social Security
D.D.C. · 2022 · confidence medium
LEGAL STANDARD A district court sits in what is essentially an appellate role when it reviews the Commissioner’s disability determination, which must be upheld “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Colter v. Saul
D.D.C. · 2022 · confidence medium
This Court must uphold the Commissioner’s determination “if it is supported by substantial evidence and is not tainted by an error of law.” 13 Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) McCormick v. Berryhill
D.D.C. · 2021 · confidence medium
This Court must uphold the Commissioner’s determination “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Workman v. Berryhill
D.D.C. · 2020 · confidence medium
Consequently, a reviewing court will not overturn the findings of the Commissioner if they are “supported by substantial evidence and [are] not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Ruppert v. Berryhill
D.D.C. · 2020 · confidence medium
This Court must uphold the Commissioner’s determination “if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Brown v. Berryhill
D.D.C. · 2019 · confidence medium
Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support [a] conclusion,” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Higgins v. Colvin
D.D.C. · 2019 · confidence medium
With respect to the Commissioner’s legal rulings, the reviewing court must uphold the Commissioner’s legal “determination if it . . . is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
cited Cited as authority (rule) Magee v. Berryhill
D.D.C. · 2019 · confidence medium
“The court must uphold the Secretary’s determination if it is supported by substantial evidence and is not tainted by an error of law.” Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) McCallum, Jr. v. Berryhill
D.D.C. · 2019 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it . . . is not tainted by an error of law.’” Jeffries v. Astrue, 723 F. Supp. 2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Kenner v. Colvin
D.D.C. · 2018 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it . . . is not tainted by an error of law.’” Cooper, 2017 WL 4326388 , at *3 (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Monroe-Evans v. Berryhill
D.D.C. · 2017 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it . . . is not tainted by an error of law.’” Jeffries v. Astrue, 723 F. Supp. 2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Troy v. Colvin
D.D.C. · 2017 · confidence medium
The court must uphold any decision that “is based on substantial evidence in the record and correctly applies the relevant legal standards.” Butler, 353 F.3d at 999 ; Smith v. Bowen 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Johnson v. Colvin
D.D.C. · 2017 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it . . . is not tainted by an error of law.’” Jeffries v. Astrue, 723 F. Supp. 2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Ellison v. Berryhill
D.D.C. · 2017 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it ... is not tainted by an error of law,’ ” Jeffries v. Astrue, 723 F.Supp.2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) White v. Colvin
D.D.C. · 2017 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it . . . is not tainted by an error of law.’” Jeffries v. Astrue, 723 F. Supp. 2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Jackson ex rel. M.J.J. v. Berryhill
D.D.C. · 2017 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it ... is not tainted by an error of law.’ ” Jeffries v. Astrue, 723 F.Supp.2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Contreras v. Commissioner of Social Security
D.D.C. · 2017 · confidence medium
Cir. 2008), and that “a reviewing judge must uphold the ALJ’s legal ‘determination if it ... is not tainted by an error of law.’ ” Jeffries v. Astrue, 723 F.Supp.2d 185, 189 (D.D.C. 2010) (quoting Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
discussed Cited as authority (rule) Ali v. Colvin
D.D.C. · 2017 · confidence medium
On review, the court must uphold the Commissioner’s determination where it is “supported by substantial evidence” and “not tainted by an error of law.” Porter v. Colvin, 951 F.Supp.2d 125, 129 (D.D.C. 2013) (citing Smith v. Bowen, 826 F.2d 1120, 1121 (D.C.
Retrieving the full opinion text from the archive…
Lorraine SMITH, Appellant,
v.
Otis R. BOWEN, Secretary, Department of Health & Human Services
86-5398.
Court of Appeals for the D.C. Circuit.
Aug 25, 1987.
826 F.2d 1120
Joan E. Fairbanks, with whom Paula D. Scott, Washington, D.C., was on brief, for appellant., Claire Whitaker, Asst. U.S. Atty., with whom Joseph E. diGenova, U.S. Atty., Royce C. Lamberth, R. Craig Lawrence and Michael J. Ryan, Asst. U.S. Attys., Washington, D.C., were on brief, for appellee.
Mikva, Williams, Weigel.
Cited by 110 opinions  |  Published

Opinion for the Court filed by Senior District Judge WEIGEL.

WEIGEL, District Judge:

Lorraine Smith appeals from a judgment of the district court affirming a decision of the Secretary of Health and Human Services to deny her claim for disability insurance benefits and supplemental security income under titles II and XVI of the Social Security Act, 42 U.S.C. §§ 401 et seq. and 1381 et seq. See Smith v. Bowen, 633 F.Supp. 446 (D.D.C.1986). She claims, among other things, that the Secretary misapplied the Medical-Vocational Guidelines (20 C.F.R.pt. 404, subpt. P, app. 2) (“grids”) in determining that jobs existed in the national economy which she was capable of performing.

Facts

Lorraine Smith, 51, quit her last job as a maid in 1981 because of pain from arthritis, a broken ankle and constant exposure to allergens. Her ankle has healed to some extent, but she complains of continued deterioration of her general health, back problems, severe allergies, high blood pressure, blurred vision, pulmonary disease, degenerative joint disease, hypertension, obesity, partial hearing loss and arthritis in her legs, hands and ankle. Smith has an eighth grade education.

She applied for disability insurance benefits and supplemental security income in September, 1983. The Office of Disability Operations of the Social Security Administration denied her application. She then received a hearing before an administrative law judge (“AU”).

The AU affirmed the denial of benefits. He found that although her impairments made her unable to perform her past work as a maid, she was capable of performing light work even though her capacity to perform the full range of light work was reduced by limited hearing and inability to work around fumes and dust. Even so, and somewhat inconsistently, he ruled that Smith “does not have significant nonexertional impairment” and that her “capacity for the full range of light [work] has not been significantly compromised by her additional nonexertional limitations.” The AU finally concluded that, using the grids as a “framework,” Smith was not disabled.

Standard of Review

The court must uphold the Secretary’s determination if it is supported by substantial evidence and is not tainted by an error of law. See Brown v. Bowen, 794 F.2d. 703, 705 (D.C.Cir.1986); 42 U.S.C. § 405(g). Substantial evidence is “such relevant evidence as a reasonable mind might accept as adequate to support [the Secretary’s] conclusion.” Richardson v. Perales, 402 U.S. 389, 401, 91 S.Ct. 1420, 1427, 28 L.Ed.2d 842 (1971).

Analysis

Under the Social Security Act, a claimant is entitled to disability benefits if she is unable “to engage in any substantial gain[*1122] ful activity by reason of any medically determinable physical or mental impairment which can be expected to ... last for a continuous period of not less than twelve months.” 42 U.S.C. § 423(d)(1)(A). The Secretary has established a five-step procedure for evaluating claims of disability. 20 C.F.R. §§ 404.1520, 416.920. The first four steps are not at issue here because the Secretary acknowledges that Smith has a combination of impairments that prevent her from performing her past work as a maid. The inquiry therefore must proceed to the fifth step, in which the Secretary has the burden of showing that the claimant is capable of performing gainful work. Id. §§ 404.1520(f), 416.920(f).

The Secretary promulgated the grids to aid in the fifth stage of the procedure. The grids specify whether a significant number of jobs in the national economy exist for a claimant of a given age, education, work experience, and residual functional capacity (that is, functional level of work that the claimant can physically perform on a sustained basis).

In Heckler v. Campbell, 461 U.S. 458, 467-68, 103 S.Ct. 1952, 1957-58, 76 L.Ed.2d 66 (1983), the Supreme Court upheld the use of the grids in appropriate circumstances. However, the Court cautioned that the grids apply “only when they describe a claimant’s abilities and limitations accurately.” Id. at 462 n. 5, 103 S.Ct. at 1955 n. 5. “If an individual’s capabilities are not described accurately by a rule [in the grids], the regulations make clear that the individual’s particular limitations must be considered.” Id.

The grids do not take into account nonexertional impairments. Thus, applying the grids to a claimant with nonexertional impairments may lead to an inaccurate finding that jobs exist that the claimant can perform. As the Secretary’s regulations state:

Since the rules are predicated on an individual’s having an impairment which manifests itself by limitations in meeting the strength requirements of jobs, they may not be fully applicable where the nature of an individual’s impairment does not result in such limitations, e.g., ... environmental restrictions. Environmental restrictions are those restrictions which result in inability to tolerate some physical feature(s) of work settings that occur in certain industries or types of work, e.g., an inability to tolerate dust or fumes.

20 C.F.R. pt. 404, subpt. P, app. 2, § 200.-00(e) (emphasis added).

To the extent that the claimant’s nonexertional limitations reduce her ability to perform jobs of which she is exertionally capable, the Secretary may not rely solely on the grids. Channel v. Heckler, 747 F.2d 577, 581 (10th Cir.1984) (per curiam); Smith v. Schweiker, 719 F.2d 723, 725 (4th Cir.1984); Gagnon v. Secretary of Health and Human Services, 666 F.2d 662, 666 (1st Cir.1981). The regulations provide that if the claimant has exertional and nonexertional limitations and is not disabled based on strength limitations alone, then the grids may “provide a framework for consideration of how much the individual’s work capability is further diminished in terms of any types of jobs that would be contraindicated by the nonexertional limitations.” 20 C.F.R. pt. 404, subpt. P, app. 2, § 200.00(e)(2). “[F]ull consideration must be given to all of the relevant facts.” Id.

When the claimant’s nonexertional limitations require that the grids be used only as a “framework,” the Secretary must introduce expert vocational testimony or other evidence to prove that a significant number of jobs are available for the claimant. [1] Burgos Lopez v. Secretary of Health and Human Services, 747 F.2d 37, 42 (1st Cir.1984); Channel, 747 F.2d at 583; Dellolio v. Heckler, 705 F.2d 123, 128 (5th Cir.1983); Nicks v. Schweiker, 696 F.2d 633, 636 (8th Cir.1983).

[*1123] Here, the AU found that Smith’s capacity to perform the full range of light work was reduced by her inability to do work requiring acute hearing and to work around fumes and dust. Because these nonexertional impairments prevented her from performing all the jobs of which she was exertionally capable, the grids applied only as a framework. Other courts have agreed that the Secretary cannot rely solely on the grids where, as here, a claimant cannot tolerate fumes or dust. See, e.g., Damron v. Secretary of Health and Human Services, 778 F.2d 279, 282 (6th Cir.1985); Kail v. Heckler, 722 F.2d 1496, 1498 (9th Cir.1984); Thomas v. Schweiker, 666 F.2d 999, 1004 (5th Cir.1982); Dellolio, 705 F.2d at 127-28; Roberts v. Schweiker, 667 F.2d 1143, 1145 (4th Cir.1981) (per curiam) (intolerance for lint). The ALJ did state that he used the grids as a framework. However, the record contains no evidence of the extent to which the pool of light work jobs was reduced by Smith’s nonexertional limitations. The Secretary did not provide testimony of a vocational expert or any other evidence to supplement the grids. Thus the AU’s conclusion that Smith’s nonexertional impairments were not significant and did not significantly reduce her capacity for the full range of light work was unsupported by substantial evidence. [2]

Because Smith’s nonexertional impairments limit her ability to perform the full range of jobs requiring light work, the Secretary may not rely solely on the grids to rule out disability. To support such a ruling, he must introduce expert vocational testimony or other .supporting evidence. [3]

The judgment of the district court is vacated and the case remanded to the Secretary for proceedings consistent with this opinion.

So Ordered.

1

. The Secretary’s task might be considerably easier if the grids provided more detailed information regarding the jobs available to persons with the various combinations of characteristics. For example, if the grids revealed that 90% of the jobs available to persons capable of light work were in offices, it is likely that an ALT could properly conclude that a claimant's intolerance of fumes does not significantly impair her ability to perform the full range of light work.

2

. The ALJ’s opinion may be terse, but it must enable a reviewing court to discern the path leading to the finding that jobs exist. See, e.g., Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc., 419 U.S. 281, 286, 95 S.Ct. 438, 442, 42 L.Ed.2d 447 (1974); see also Stephens v. Heckler, 766 F.2d 284, 287 (7th Cir.1985).

3

. Because we find that the Secretary’s improper use of the grids requires reversal and remand, we express no opinion on Smith's other arguments for reversal.