Shelah COLE, Plaintiff-Appellant, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant-Appellee

Because I believe that the correct approach would be to remand this case to the Secretary for an award of benefits, I respectfully dissent.

Once it was established that plaintiff cannot perform his past relevant work, the burden shifted to the Secretary to show that plaintiff retains the residual functional capacity to perform “substantial gainful work which exists in the national economy.” Bapp v. Bowen, 802 F.2d 601, 604 (2d Cir.1986); see also Francis v. Heckler, 749 F.2d 1562, 1564 (11th Cir.1985). There must be “a finding supported by substantial evidence that [plaintiff] has the…