DeCHIRICO v. CALLAHAN

No. 248, Docket 97-6026.

134 F.3d 1177 (1998)

Frank DeCHIRICO, Plaintiff-Appellant, v. John J. CALLAHAN, Acting Commissioner of the Social Security Administration, Defendant-Appellee.

United States Court of Appeals, Second Circuit.

Decided January 26, 1998.


Attorney(s) appearing for the Case

Toby Golick, Cardozo Bet Tzedek Legal Services, New York City, for Plaintiff-Appellant.

Stanley N. Alpert, Assistant United States Attorney, New York City, for Defendant-Appellee.

Before MESKILL and CALABRESI, Circuit Judges, and KOELTL, District Judge.


Judge MESKILL concurs in part and dissents in part in a separate opinion.

CALABRESI, Circuit Judge:

Is a leg amputation a per se disabling condition under the Social Security Regulations, 20 C.F.R. § 404.1520(d) & Pt. 404, Subpt. P, App. 1, § 1.10, if the amputee cannot reasonably obtain a properly fitting prosthesis that will allow the wearer to walk without an "obligatory assistive device" such as a cane? We conclude that it is. Because...

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