dissenting.
I respectfully dissent. The medical evidence, that the claimant retained a residual functional capacity to perform work even though he was unable to perform his past relevant heavy work, was uncontroverted. There was substantial evidence to support the A.L.J.’s finding that claimant “has the residual functional capacity to perform sedentary work with a sit/stand option,” and that he “has acquired work skills as enumerated hereinbefore by vocational testimony. Considering his residual functional capacity, these skills can be applied to meet the requirements of semi-skilled work functions of sit/stand work which exist in significant numbers in the local economy alone, as identified by vocational testimony.”
In order to conclude, as did the magistrate, that the A.L.J. violated the holding of our opinion in Wages v. Secretary of Health & Human Serv., 755 F.2d 495 (6th Cir.1985), and improperly relied upon the “grid,” one would have to disregard the testimony of the vocational expert and the A.L.J.’s findings quoted above. When they are considered, it becomes apparent that the A.L.J.’s consideration of this claim satisfies our opinions in both Wages and Howse v. Heckler, 782 F.2d 626 (6th Cir.1986). Nor did that consideration in any way run counter to the language quoted by the majority from Hurt v. Secretary of Health & Human Serv., 816 F.2d 1141 (6th Cir.1987).
Accordingly, because the decision of the Secretary is supported by substantial evidence and is in accordance with law, I would reverse the district court.