George RICE, Jr., Plaintiff, Appellant, v. Shirley S. CHATER, Commissioner of Social Security, Defendant, Appellee

Appellant George Rice appeals from the district court’s decision affirming the termination of Rice’s disability benefits by the Commissioner of Social Security (“Commissioner”). We vacate the decision and remand.

1. Erroneous Legal Standard Applied

Rice was determined to be disabled as of January 1976 because he was found to have a urinary-kidney impairment which met or equalled then Listing 6.04. Under that listing, claimants with a permanent urinary diversion and progressive bilateral hydronephrosis were considered disabled. 1 The administra tive law judge (“ALJ”) determined that Rice’s…