evaluate plaintiff's impairments under this fifth and final step. Thus on remand the Secretary will determine whether despite plaintiff's inability to do past relevant work plaintiff can do other work which exists in significant numbers in the nation's economy.
A few final points deserve brief attention. First, plaintiff is incorrect in arguing that vocational factors are only to be considered if the medical evidence is insufficient. The regulations clearly provide that a claimant's vocational background will be considered if it is determined that the claimant can no longer do the work he has done in the past. 20 C.F.R. § 404.1560(b)(3). Second, determination of whether plaintiff is unable to do other work because of his impairments in conjunction with his age, education and skills, is a determination which should be made by the Secretary and not by this court.
An appropriate Order will be entered. [EDITOR'S NOTE: The following court-provided text does not appear at this cite in 581 F. Supp.]
AND NOW, TO WIT, this 22nd day of December, 1983, for the reasons stated in the foregoing Memorandum, IT IS ORDERED that:
1. The Report and Recommendation of Tullio Gene Leomporra, United States Magistrate is adopted in part as follows:
(a) The court adopts pages 1-10, and lines 1-15 of page 11.
(b) The remainder of the Report is not adopted.
2. The plaintiff's motion for summary judgment is denied.
3. The Secretary's motion for summary judgment is denied.
4. The matter is remanded to the Secretary for evaluation under 20 C.F.R. § 404.1520(f).