20 C.F.R. § 416.920
Evaluation of disability claims: the cases that interpreted this section
9,744 citing cases reviewed of 18,114 in the citation index: 2,028 interpreted the section (annotated below), 7,716 cited it only in passing. Cases filed after 2026-06-26 may not have been reviewed yet.
Have a situation under 20 C.F.R. § 416.920?
These notes show how courts have ruled. Ask about your specific facts and see which of these rulings apply, with citations you can check.
Step two: severe impairment
Section 416.920(c) treats an impairment as severe when it significantly limits a claimant’s ability to perform basic work activities; failing to identify an additional severe impairment at step two is harmless when the ALJ identifies other severe impairments and proceeds through the remaining steps.
Coleman v. Berryhill · filed 2019-08-23(c)
Indeed, it must “significantly limit[]” an individual’s “ability to do basic work activities.” 20 C.F.R. § 416.920(c) (emphasis added). ... At the outset, the Court notes that, even if Plaintiff’s PSP was a severe impairment prior to the date last insured (December 31, 2014), the ALJ’s failure to classify it as a severe impairment at step two of the sequential evaluation process is not fatal.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the ALJ to determine whether the claimant has a severe impairment that significantly limits physical or mental ability to perform basic work activities.
Booth v. Berryhill · filed 2019-08-23(c)
At the second step of the sequential analysis, the ALJ must determine whether the plaintiff has a severe impairment that significantly limits the plaintiff’s physical or mental ability to do basic work activities. See 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
Section 416.920 treats an impairment as severe only when it significantly limits the claimant’s ability to perform basic work activities and meets the required duration, and directs the ALJ to continue to the next step when a severe impairment is found.
LOZADA v. COMMISSIONER OF SOCIAL SECURITY · filed 2019-09-11(c), (a)
At step two of the analysis, an ALJ must determine whether the claimant has a medically determinable impairment that is severe or a combination of impairments that is severe. 20 C.F.R. §416.1420(a). Importantly, the mere existence of a diagnosis or an abnormal reading does not equate to a severe impairment. Phillips v. Barnhart, 91 Fed. Appx. 775, 780 (3d Cir. March 10, 2004). The question of severity relies not on the particular condition, but on the limitations stemming from that condition. Id. To be clear, an impairment is not severe if it does not significantly limit the physical or mental ability to do basic work activities and/or does not last or is not expected to last for a continuous period of at least 12 months. 20 C.F.R. §416.920(c), §416.921(a); §416.909, 42 U.S.C. §423(d). If a claimant is found to have a severe impairment, then the ALJ proceeds to the next step. 20 C.F.R. §416.920(a).Read the full opinion on CourtListener →
At step two, an impairment or combination of impairments is severe when it significantly limits the claimant’s physical or mental ability to perform basic work activities.
Whitworth v. Berryhill · filed 2019-09-18(c)
At Step Two of the evaluation process, the ALJ must determine if a claimant suffers from a severe impairment. A severe impairment is an impairment or combination of impairments that significantly limits a claimant’s physical or mental ability to perform basic work activities. See 20 C.F.R. §§ 416.920(c), 416.921. ... A failure to list a specific impairment at step two of the sequential evaluation process is not an error unless the impairment is “separate and apart” from the other listed impairments.Read the full opinion on CourtListener →
At step two, the regulation requires a finding of not disabled when a claimant lacks a severe medically determinable impairment or combination of impairments, while a claimant need only have one severe impairment to proceed beyond step two.
Wade v. Berryhill · filed 2019-09-20(a)(4)(ii)
Under the governing regulations, “If you do not have a severe medically determinable physical or mental impairment ... or a combination of impairments that is severe ..., we will find that you are not disabled.” 20 C.F.R. § 416.920(a)(4)(ii) (emphasis added). But because the regulations require a claimant to show only “a severe” impairment, that is, one severe impairment in order to avoid a denial of benefits at step two, the failure to find a particular impairment severe at step two is not reversible in and of itself'as long as the ALJ finds that at least one other impairment is severe. However, even if an impairment is found non-severe at step two, the ALJ must still “consider the limiting effects of all [a claimant’s] impairment(s), even those that are not severe, in determining [RFC].”Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits the claimant’s physical or mental ability to perform basic work activities; the court upheld finding the claimant’s back condition non-severe because the record did not show that it interfered with her ability to work.
Leonard v. Saul · filed 2019-09-20(c)
Second, the claimant must have a “severe impairment,” defined as “any impairment or combination of impairments which significantly limits [claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 416.920(c), 404.1520(c). ... Accordingly, the ALJ determined that the condition was not a severe impairment. The Court finds substantial support in the record for that determination.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the Commissioner to find that a claimant has no severe impairment only when an impairment or combination of impairments does not significantly limit the claimant’s ability to perform basic work activities.
(SS) Keeler v. Commissioner of Social Security · filed 2019-10-01(c)
If a claimant does not have an impairment of combination of impairments that significantly limit the claimant’s physical or mental ability to do basic work activities, the Commissioner will find that the claimant does not have a severe impairment.Read the full opinion on CourtListener →
At Step Two, the regulation requires the ALJ to determine whether the claimant has a severe medical impairment; severity is measured by the impairment’s effect on the ability to work, and finding any severe impairment is sufficient to satisfy Step Two, making failure to find another severe impairment harmless if the analysis proceeds.
Katz v. Commissioner of Social Security · filed 2019-10-09(a)(4)(ii)
At Step Two, the ALJ must determine whether Claimant has a medical impairment which is severe. 20 C.F.R. § 416.920(a)(4)(ii). ... Because the ALJ found Claimant suffered from a severe impairment at Step Two, any error in failing to find Claimant suffered from any other severe impairments is harmless.Read the full opinion on CourtListener →
At step two, an impairment is severe only if it significantly limits the claimant’s physical or mental ability to perform basic work activities.
Band v. Social Security Administration · filed 2019-10-25(c)
A “severe” impairment is one that significantly limits a claimant’s physical or mental ability to do basic work activities.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether a severe impairment significantly limits the claimant’s physical or mental ability to perform basic work activities.
Wright v. Commissioner of Social Security · filed 2019-10-31(c)
At step two of the sequential evaluation process, the ALJ must determine whether a plaintiff has a severe impairment that significantly limits her physical or mental ability to do basic work activities.Read the full opinion on CourtListener →
Section 416.920(c) requires a claimant at step two to show that medically determinable impairments significantly limit the ability to perform basic work activities.
McCall v. Commissioner of Social Security · filed 2019-11-06(c)
At step two, a claimant must make a threshold showing her medically determinable impairments significantly limit her ability to perform basic work activities. See Bowen v. Yuckert, 482 U.S. 137, 145 (1987); 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the ALJ to determine whether the claimant has a severe impairment that significantly limits the claimant's physical or mental ability to do basic work activities.
Wieneke v. Commissioner of Social Security · filed 2019-11-06(c)
At step two of the sequential evaluation process, the ALJ must determine whether the plaintiff has a severe impairment that significantly limits her physical or mental ability to do basic work activities. See 20 C.F.R. §§ 404.1520(c), 416.920(c).Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether the claimant has a severe impairment that significantly limits the ability to perform basic work activities.
Weaver v. Commissioner of Social Security · filed 2019-12-18(c)
At step two of the sequential evaluation process, the ALJ must determine whether the plaintiff has a severe impairment that significantly limits her physical or mental ability to do basic work activities. See 20 C.F.R. §§ 404.1520(c), 416.920(c).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires a claimant to have a severe impairment or combination of impairments satisfying the duration requirement to proceed beyond step two; an impairment that does not significantly limit work-related functioning for twelve months is not severe.
VILLALOBOS v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-01-07(a)(4)(ii)
Under step two, the ALJ determines whether the claimant suffers from a severe impairment or combination of impairments that meets the duration requirement found in §§ 404.1509 and 416.909. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). An impairment or a combination of impairments is not severe when medical and other evidence establishes only a slight abnormality or combination of abnormalities that would have a minimal effect on an individual’s ability to work. 20 C.F.R. §§ 404.1521, 416.921; Social Security Rules (“SSR”) 85-28, 96-3p, 96-4p. An impairment or a combination of impairments is severe when it significantly limits the claimant’s “physical or mental ability to do basic work activities.” 20 C.F.R. §§ 404.1520(c), 416.920(c). If a severe impairment or combination of impairments is not found, the claimant is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If the ALJ finds a severe impairment or combination of impairments, the ALJ then proceeds to step three.Read the full opinion on CourtListener →
Section 416.920(c) requires the Commissioner to determine at step two whether an impairment significantly limits a claimant’s physical or mental ability to do basic work activities.
Rangel v. Saul · filed 2020-01-31(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits her physical or mental ability to do basic work activities. 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, § 416.920 requires denying disability claims when the claimant lacks a severe impairment or combination of impairments; a severe impairment significantly limits the ability to perform basic work activities.
Escobar v. Commissioner of Social Security · filed 2020-01-31(a)(4)(ii), (c)
If she is not, the decision-maker proceeds to step two, which determines whether the claimant has a medically severe impairment or combination of impairments. 20 C.F.R. § 416.920(a)(4)(ii). If the claimant does not have a severe impairment or combination of impairments, the disability claim is denied. ... A “severe” impairment is one which significantly limits physical or mental ability to do basic work-related activities. 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
Section 416.920(c) requires a claimant to have a severe impairment, and the step-two evaluation may end only when the impairment has no more than a minimal impact on the claimant’s ability to work.
Price v. Berryhill · filed 2020-03-03(c)
Second, the claimant must have a severe impairment. 20 C.F.R. §§ 416.920(c), 404.1520(c). The Social Security Act defines “severe impairment” as “any impairment or combination of impairments which significantly limits [claimant’s] physical or mental ability to do basic work activities. . . .” Id. “‘The sequential evaluation process may be terminated at step two only when the claimant’s impairment or combination of impairments would have no more than a minimal impact on [his or] her ability to work.’” Page v. Astrue, 484 F.3d 1040, 1043 (8th Cir. 2007) (quoting Caviness v. Massanari, 250 F.3d 603, 605 (8th Cir. 2001), citing Nguyen v. Chater, 75 F.3d 429, 430-31 (8th Cir. 1996)).Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether the claimant has a medically severe impairment that significantly limits physical or mental ability to do basic work activities.
Swift Eagle v. Saul · filed 2020-03-11(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities. ... On this record, by rejecting each of the mental-health opinions that Plaintiff had a severe mental impairment, which is consistent with Plaintiff’s social-interaction and stress-related challenges reflected in Plaintiff’s criminal and employment history, the ALJ erred at step two.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether a medically determinable impairment significantly limits the claimant’s physical or mental ability to perform basic work activities.
Swift Eagle v. Saul · filed 2020-03-11(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities. To show a severe mental impairment, the claimant must first prove the existence of a mental impairment by providing medical evidence consisting of signs, symptoms, and laboratory findings. If a mental impairment is proven, the ALJ then considers whether the medically determinable impairment is severe or not severe. A medically determinable impairment is not severe if the “medical evidence establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual’s ability to work.”Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) places the claimant at Step Two, where the adjudicator evaluates whether she has a medically severe impairment or combination of impairments.
Silva v. Saul · filed 2020-03-16(a)(4)(ii)
At Step Two, the claimant bears the burden of showing that she has a medically severe impairment or combination of impairments. See 20 C.F.R. § 416.920(a)(4)(ii), (c). “An impairment is not severe if it is merely ‘a slight abnormality (or combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work activities.’” Webb v. Barnhart, 433 F.3d 683, 686 (9th Cir. 2005) (quoting S.S.R. No. 96–3(p) (1996)). ... Without any explanation, the court is left to wonder whether the ALJ considered this opinion in making his determination of the four factors as outlined above. “Step two [] 1s a de minimis screening device [used] to dispose of groundless claims, [] and an ALJ may find that a claimant lacks a medically severe impairment or combination of impairments only when his conclusion is clearly established by medical evidence.” Webb, 433 F.3d at 687 (internal citations and quotations omitted). Because Dr. Velleman’s 2016 opinion remained uncontradicted by contemporaneous or later medical evidence and was not addressed by the ALJ, the conclusion was not clearly established by medial evidence.Read the full opinion on CourtListener →
Section 416.920(c) requires evaluating whether the claimant has a severe impairment or combination of impairments; if the impairment is severe, the sequential evaluation proceeds to the next step.
Wilsey v. Commissioner of Social Security · filed 2020-03-13(c)
Step 2: Does the claimant have a medically-severe impairment or combination of impairments? 20 C.F.R. § 416.920(c). If the claimant does not have a severe impairment or combination of impairments, the disability claim is denied. A severe impairment is one that lasted or must be expected to last for at least 12 months and must be proven through objective medical evidence. 20 C.F.R. § 416.908-.909. If the impairment is severe, the evaluation proceeds to the third step.Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires the ALJ to determine whether the claimant has a severe impairment; if so, the evaluation proceeds to step three, and if not, the analysis ends with a finding of no disability.
Bellardine v. SSA · filed 2020-03-16(a)(4)(ii)
At step two, the ALJ makes a determination whether a claimant has a condition or combination of conditions that qualifies as “severe.” 20 C.F.R. §§ 416.920(a)(4)(ii), 416.921(a). If a claimant suffers from one or more severe impairments, the ALJ proceeds to step three. If not, the analysis ends and the claimant is found not disabled.Read the full opinion on CourtListener →
At step two, the ALJ must determine whether the claimant has a severe impairment or combination of impairments; if none exists, the disability analysis ends, while a severe impairment permits proceeding to step three.
Beagle v. SSA · filed 2020-03-24(a)(4)(ii)
At step two, the ALJ makes a determination whether a claimant has a condition or combination of conditions that qualifies as “severe.” 20 C.F.R. §§ 416.920(a)(4)(ii), 416.921(a). If a claimant suffers from one or more severe impairments, the ALJ proceeds to step three. If not, the analysis ends and the claimant is found not disabled.Read the full opinion on CourtListener →
At step two, the ALJ determines whether the claimant has a severe impairment that significantly limits physical or mental ability to perform basic work activities.
Lord v. Commissioner of Social Security · filed 2020-03-24(c)
At step two of the sequential evaluation process, the ALJ must determine whether the plaintiff has a severe impairment that significantly limits his physical or mental ability to do basic work activities. See 20 C.F.R. §§ 404.1520(c), 416.920(c).Read the full opinion on CourtListener →
At step two, the ALJ determines whether the claimant has a medically severe impairment or combination of impairments that is medically determinable and has lasted or is expected to last at least 12 months.
McNealy v. Kijakazi · filed 2020-03-25(a)(4)(ii)
At step two in the sequential evaluation, the ALJ must determine whether a claimant has a medically severe impairment or combination of impairments. 20 C.F.R. § 416.920(a)(4)(ii). The claimant has the burden to establish that he or she (1) has a medically determinable impairment and, (2) that the impairment is severe. 20 C.F.R. § 416.912(a). In doing so, the claimant must provide objective medical evidence—a claimant’s statements regarding his or her symptoms are insufficient, as are a claimant’s reports of a diagnosis. 20 C.F.R. § 416.921. A claimant must also provide a diagnosis from an “acceptable medical source,” such as a licensed physician or psychologist. 20 C.F.R. § 416.921. The impairment must also last or be expected to last for at least 12 months. 20 C.F.R. §§ 416.909, 416.920(a)(4)(ii).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) and (c) require the step-two evaluator to determine whether an impairment is severe, meaning it significantly limits basic work activities and has lasted or is expected to last at least 12 months.
Roberson v. Berryhill · filed 2020-03-25(a)(4)(ii), (c)
At step two of the sequential evaluation, the ALJ determines whether the claimant has a medically “severe” impairment or combination of impairments. See 20 C.F.R. §§ 404.1520(a)(4) (ii); see also Smolen, 80 F.3d 1273, 1289–90 (9th Cir. 1996) (citing Bowen v. Yuckert, 482 U.S. 140–41 (1987)). An impairment is severe when it significantly limits a claimant’s “physical or mental ability to do basic work activities” and lasted or is expected to last “for a continuous period of at least 12 months.” See 20 C.F.R. §§ 404.1509, 404.1520(a)(4)(ii), (c), 404.1521(a); accord 20 C.F.R. §§ 416.920(a)(4)(ii), (c), 416.909. ... Ultimately, the purpose of a step-two evaluation is to dispose of “groundless claims” and the evidence in the record before the ALJ was sufficient to conclude that Plaintiff’s depression is a severe impairment under the de minimis test. ... Because the evidence here established that Plaintiff suffers from depression causing moderate limitations in many of her areas of functioning, the ALJ erred by declining to find this ailment severe. See Webb, 433 F.3d at 687.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ to determine at step two whether the claimant has a severe impairment, ending the analysis if none exists and proceeding to step three if at least one does.
Beagle v. SSA · filed 2020-03-24(a)(4)(ii)
At step two, the ALJ makes a determination whether a claimant has a condition or combination of conditions that qualifies as “severe.” 20 C.F.R. §§ 416.920(a)(4)(ii), 416.921(a). If a claimant suffers from one or more severe impairments, the ALJ proceeds to step three. If not, the analysis ends and the claimant is found not disabled. ... Therefore, the ALJ did not err in classification of these impairments.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the Commissioner to determine whether the claimant has a severe impairment that significantly limits basic work activities.
Morgan v. Saul · filed 2020-03-26(c)
Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see “whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities.” Dixon v. Barnhart, 343 F.3d 602, 605 (8th Cir. 2003). “An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant’s physical or mental ability to do basic work activities.” Kirby, 500 F.3d at 707; see 20 C.F.R. §§ 416.920(c), 416.921(a). ... Thus, the ALJ’s evaluation of Morgan’s intellectual functioning at step two is not supported by substantial evidence.Read the full opinion on CourtListener →
At step two, the ALJ must determine whether the claimant has a medically severe impairment or combination of impairments, including whether the impairment is medically determinable, severe, and sufficiently long-lasting.
McNealy v. Kijakazi · filed 2020-03-25(c)
At step two in the sequential evaluation, the ALJ must determine whether a claimant has a medically severe impairment or combination of impairments. 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
At step two, the ALJ determines whether the claimant has a medically severe impairment or combination of impairments; failing to evaluate alleged impairments is harmless when the claimant has not established them as medically determinable impairments.
Parrett v. Commissioner of Social Security · filed 2020-04-08(a)(4)(ii)
At step two of the sequential evaluation process, the ALJ determines whether the claimant “has a medically severe impairment or combination of impairments.” Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 1996) (citation omitted); 20 C.F.R. § 416.920(a)(4)(ii). Here, the ALJ did not evaluate whether Plaintiff’s ADHD, adjustment disorder, and social phobia were severe impairments at step two. However, any error by the ALJ at step two was harmless because Plaintiff has not met her burden to establish that her ADHD, adjustment disorder, and social phobia were medically determinable, much less severe.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires a claimant to show that medically determinable impairments significantly limit the ability to perform basic work activities.
McGlinn v. Commissioner of Social Security · filed 2020-04-09(c)
At step two, a claimant must make a threshold showing that her medically determinable impairments significantly limit her ability to perform basic work activities. See Bowen v. Yuckert, 482 U.S. 137, 145 (1987); 20 C.F.R. §§ 404.1520(c), 416.920(c).Read the full opinion on CourtListener →
At step two, § 416.920(c) treats an impairment as severe when it significantly limits a claimant’s physical or mental ability to perform basic work-related activities.
Gardee v. O'Malley · filed 2020-04-17(c)
A “severe” impairment is one which significantly limits physical or mental ability to do basic work-related activities. 20 C.F.R. § 416.920(c). ... The ALJ did not consider whether Plaintiff had a medically determinable learning disability, let alone whether medical evidence clearly establishes it to be “severe.”Read the full opinion on CourtListener →
At step two, § 416.920(c) requires a claimant to show that her medically determinable impairments significantly limit her ability to perform basic work activities; the severity inquiry is a de minimis screen and considers the combined effect of impairments.
Hunt v. Commissioner of Social Security · filed 2020-05-11(c)
At step two, a claimant must make a threshold showing her medically determinable impairments significantly limit her ability to perform basic work activities. See Bowen v. Yuckert, 482 U.S. 137, 145 (1987); 20 C.F.R. § 416.920(c). “An impairment or combination of impairments can be found ‘not severe’ only if the evidence establishes a slight abnormality that has ‘no more than a minimal effect on an individual’s ability to work.’” Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 1996) (quoting Social Security Ruling (SSR) 85-28). “[T]he step two inquiry is a de minimis screening device to dispose of groundless claims.” Id. (citing Bowen, 482 U.S. at 153-54). An ALJ is also required to consider the “combined effect” of an individual’s impairments in considering severity. Id. A diagnosis alone is not sufficient. Instead, a claimant must show her medically determinable impairments are severe. 20 C.F.R. § 416.921.Read the full opinion on CourtListener →
At step two, an impairment is severe when it significantly limits a claimant’s physical or mental ability to perform basic work activities; an impairment is not severe only when it has no more than a minimal effect on the ability to work.
Nobles v. Commissioner Social Security Administration · filed 2020-05-05(c)
At step two, the Commissioner determines whether the claimant has a “medically severe impairment or combination of impairments.” Bowen v. Yuckert, 482 U.S. 137, 140-41 (1987); 20 C.F.R. § 416.920(c). An impairment is considered severe if it “significantly limits [a claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c). “An impairment or combination of impairments can be found ‘not severe’ only if the evidence establishes a slight abnormality that has ‘no more than a minimal effect on an individual’s ability to work.’” Smolen, 80 F.3d at 1290 (quoting SSR 85-28). ... Thus, the record supports a finding that plaintiff’s left arm neuropathy was severe because it would significantly limit his ability to perform basic work activities. The ALJ therefore erred at step two.Read the full opinion on CourtListener →
Section 416.920(c) defines a severe impairment as one that significantly limits a claimant’s physical or mental ability to do basic work activities; finding any severe impairment satisfies step two, so failure to classify additional impairments as severe is not by itself reversible error.
Borden v. Commissioner, Social Security Administration · filed 2020-06-01(c)
A severe impairment is “any impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520(c); 20 C.F.R. § 416.920(c). The second step of the five-step process requires a finding that “the claimant has a severe impairment” in order to move on to the next steps. Trimiar, 966 F.2d at 1329. “Once the ALJ finds that the claimant has any severe impairment, he has satisfied the analysis for purposes of step two.” Hill v. Astrue, 289 F. App’x 289, 292 (10th Cir. 2008) (unpublished). The ALJ’s “failure to find that additional alleged impairments are also severe is not in itself cause for reversal.” Id.; see also Oldham v. Astrue, 509 F.3d 1254, 1256-57 (10th Cir. 2007) (“The ALJ . . . made an explicit finding that Ms. Oldham suffered from severe impairments. That was all the ALJ was required to do in that regard.”). Because the ALJ found that plaintiff was severely impaired due to her hemiplegic migraines, any alleged error in his decision that plaintiff’s osteoporosis or sleep apnea were not severe impairments would be harmless error. Accordingly, the Court finds that this is not an appropriate basis for reversal.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires a claimant to show a medically determinable impairment that is severe because it significantly limits the ability to perform basic work activities.
Valencia v. Berryhill · filed 2020-06-12(c)
At step two, a claimant must make a “threshold showing” that (1) she has a medically determinable impairment or combination of impairments and (2) the impairment or combination of impairments is severe. Bowen v. Yuckert, 482 U.S. 137, 146-47, 107 S. Ct. 2287, 96 L. Ed. 2d 119 (1987); see also 20 C.F.R. §§ 404.1520(c), 416.920(c). Thus, the burden of proof is on the claimant to establish a medically determinable severe impairment that significantly limits his/her physical or mental ability to do basic work activities, or the “abilities and aptitudes necessary to do most jobs.” 20 C.F.R. §§ 404.1521(a), 416.921(a).Read the full opinion on CourtListener →
Section 416.920(a)(i1) requires the ALJ at step two to determine whether the claimant has a severe medically determinable physical or mental impairment, or combination of impairments, that lasted or was expected to last at least 12 months.
Hisquierdo v. Saul · filed 2020-06-16(a)(i1)
At step two, the ALJ must determine whether the claimant has a “severe medically determinable physical or mental impairment” or combination of impairments that lasted or was expected to last for a continuous period of at least 12 months.Read the full opinion on CourtListener →
At step two, § 416.920 requires determining whether the claimant has a severe impairment or combination of impairments that meets the duration requirement; without one, the claimant is not disabled.
Brasted v. Berryhill · filed 2020-06-24(a)(4)(ii)
At step two, the ALJ considers whether the claimant has a “severe medically determinable physical or mental impairment [or combination of impairments] that meets the duration requirement[.]” 20 C.F.R. §§ 404.1520(a)(4)(ii), 416.920(a)(4)(ii). If the claimant does not have a severe impairment or combination of impairments meeting the durational requirement of twelve months, then the claimant is not disabled. 20 C.F.R. §§ 404.1520(a)(4)(ii), 404.1520(c), 416.909, 416.920(a)(4)(ii), 416.920(c).Read the full opinion on CourtListener →
Section 416.920(c) requires the claimant to have a medically severe impairment that significantly limits physical or mental ability to perform basic work activities at step two.
Schimanskey v. Commissioner of Social Security · filed 2020-06-25(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities. ... Furthermore, any error at step two is harmless because the ALJ resolved step two in Plaintiff’s favor by finding severe impairments and continued the sequential analysis through step five.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether an impairment or combination of impairments significantly limits the claimant’s ability to perform basic work activities.
Young v. Saul · filed 2020-06-29(c)
Generally, step two requires the ALJ to determine whether the claimant has an impairment or combination of impairments that “significantly limits” the claimant’s ability to do “basic work activities.” 20 C.F.R. § 416.920(c). ... Here, the ALJ found at least one severe impairment at step two therefore any error by failing to list borderline intellectual functioning is harmless as long as he discussed all medically determinable impairments when assessing plaintiff’s RFC. Yet, the ALJ failed to consider plaintiff’s borderline intellectual functioning when assessing his RFC.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ to determine at step two whether the claimant has a medically determinable severe impairment.
Brown v. Saul · filed 2020-07-06(a)(4)(ii)
At step two of the sequential evaluation process, the ALJ must determine whether the claimant has any medically determinable severe impairments. 20 C.F.R. § 416.920(a)(ii). ... An impairment is “not severe” if it does not “significantly limit” the ability to conduct “basic work activities.” 20 C.F.R. § 416.922(a). ... The Court finds the ALJ did not err in finding Plaintiff’s treatment for various pain complaints did not establish a medically determinable severe impairment. ... The ALJ’s findings are supported by substantial evidence.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether a claimant has a severe impairment that significantly limits the ability to perform basic work activities.
O'Meara v. Saul · filed 2020-08-07(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities.Read the full opinion on CourtListener →
At step two, an impairment qualifies as severe when it causes more than a minimal limitation on the claimant’s ability to perform basic work activities; the step-two inquiry is a de minimis screening device.
FISHER v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-08-19(a)(4)(ii)
If not, the second step of the process is to determine whether the claimant is suffering from a severe impairment. See 20 C.F.R. § 416.920(a)(4)(ii). ... In order to meet the step two severity test, an impairment need only cause a slight abnormality that has no more than a minimal effect on the ability to do basic work activities. See S.S.R. 85-28, 1985 WL 56856 (S.S.A.); 20 C.F.R. § 416.922. The Third Circuit Court of Appeals has explained that Step Two is a de minimus screening device to dispose of groundless claims. See Newell v. Comm’r of Soc. Sec., 347 F.3d 541, 546 (3d Cir. 2003); McCrea v. Comm’r of Soc. Sec., 370 F.3d 357, 360 (3d Cir. 2004).Read the full opinion on CourtListener →
At step two, the Commissioner assesses whether an impairment significantly limits the claimant’s physical or mental ability to perform basic work activities; an omission may be harmless if the impairment’s work-related effects are considered later in the sequential evaluation.
Larson v. Commissioner of Social Security · filed 2020-08-25(a)(4)(ii)
At step two of the evaluation, the ALJ must determine whether the claimant has a “severe impairment” that “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 416.920(a)(4)(ii), (c). ... Moreover, as a general matter, any error in an “ALJ’s severity assessment with regard to a given impairment is harmless . . . ‘when it is clear that the ALJ considered the claimant’s [impairments] and their effect on his or her ability to work during the balance of the sequential evaluation process.’” Graves v. Astrue, 2012 WL 4754740, *9 (W.D.N.Y. 2012) (alteration in original) (quoting Zenzel v. Astrue, 993 F. Supp. 2d 146, 153 (N.D.N.Y. 2012)). ... I agree with Larson that the record demonstrates that she was diagnosed with schizoid personality disorder by several medical sources (see, e.g., Tr. 604-13 (initial psychiatric assessment conducted at Olean Counseling Center on December 7, 2012, diagnosing and noting Larson’s history with schizoid personality disorder); Tr. 417-22 (November 5, 2013 treatment note from psychiatrist Dr. Syed Ali Raza Shamsi (“Shamsi”), MD, noting Larson’s reported history with schizoid personality disorder); Tr. 501-06 (January 31, 2017 mental medical source statement from Kristen Shaffer (“Shaffer”), LMHC, noting schizoid personality disorder as one of Larson’s diagnoses)) and that the ALJ should have considered all of Larson’s diagnosed mental impairments, including her schizoid personality disorder, in conducting her step two severity analysis. Nevertheless, I find that the ALJ’s failure to explicitly do so in this case was harmless.Read the full opinion on CourtListener →
Section 416.920(c) requires an ALJ at step two to determine whether a claimant has a severe impairment or combination of impairments that significantly limits the claimant’s physical or mental ability to do basic work activities.
RIBAUDO v. COMMISSIONER OF SOCIAL SECURITY · filed 2020-08-28(c)
However, to the extent that this argument can be construed as a challenge to the ALJ’s step two determination, the argument is not well taken. At step two, an ALJ determines whether the plaintiff has a “severe impairment” or combination of impairments that “significantly limits [the plaintiff’s] physical or mental ability to do basic work activities[.]” 20 C.F.R. § 416.920(c). ... Here, the ALJ decided in Plaintiff’s favor at step two, finding that his carpal tunnel syndrome of the right hand, a learning disability, degenerative disc disease of the cervical spine with mild cervical radiculopathy, a herniated disc at L3-4, an annular tear at L4-5, a right rotator cuff tear, and asthma are severe impairments. R. 12. The ALJ went on to evaluate Plaintiff’s impairments through the remainder of the five-step sequential evaluation. R. 13–19. Accordingly, even if the ALJ erred by not finding other severe impairments, any such error at step two is harmless based on this record.Read the full opinion on CourtListener →
At step two, the regulation requires determining whether the claimant has a severe impairment that significantly limits the ability to perform basic work activities.
Schreiner v. Commissioner of Social Security · filed 2020-09-03(a)(4)(ii)
At step two of the evaluation, the ALJ must determine whether the claimant has a “severe impairment” that “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 416.920(a)(4)(ii), (c).Read the full opinion on CourtListener →
At step two, § 416.920(c) asks whether the claimant has a severe impairment that significantly limits the ability to perform basic work activities.
Campbell v. Saul · filed 2020-09-18(c)
Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see “whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities.” Dixon v. Barnhart, 343 F.3d 602, 605 (8th Cir. 2003). “An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant’s physical or mental ability to do basic work activities.” Kirby, 500 F.3d at 707; see 20 C.F.R. §§ 416.920(c), 416.921(a). ... The ALJ’s severity determination is supported by the examination findings and opinions of Dr. Hyde, the treatment notes of Mr. Scarberry reflecting substantial improvement, and the opinion of Dr. Isenberg. ... Consequently, the ALJ did not err in finding Campbell’s mental impairments to be not severe.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ, at step two, to determine whether a claimant has a medically severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities; an impairment is not severe when it has no more than a minimal effect on the ability to work.
Fowler v. Commissioner of Social Security · filed 2020-09-21(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities. ... A medically determinable impairment is not severe if the “medical evidence establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual’s ability to work.”Read the full opinion on CourtListener →
Section 416.920(a)(4)'s step-two inquiry is satisfied when a claimant has at least one severe impairment, whether alone or in combination, so the sequential evaluation proceeds to the next step.
Strother v. Commissioner of Social Security · filed 2020-09-22(a)(4)
The finding of any severe impairment, whether it results from a single severe impairment or a combination of impairments that together qualify as “severe,” is enough to satisfy step two. ... The ALJ found that Plaintiff had at least some severe impairments and continued the sequential evaluation process considering Plaintiff’s bipolar disorder, unspecified personality disorder, and ADHD. ... For these reasons, the Court finds no error in the ALJ’s step two finding.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the Commissioner at step two to determine whether the claimant has a severe impairment that significantly limits the ability to perform basic work activities.
Osborne v. Saul · filed 2020-09-30(a)(4)(ii)
Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see whether “the claimant has a severe impairment [that] significantly limits [the] claimant’s physical or mental ability to do basic work activities.” Hurd v. Astrue, 621 F.3d 734, 738 (8th Cir. 2010); see also 20 C.F.R. § 416.920(a)(4)(ii). ... However, even with the additional medical records, substantial evidence supports the ALJ’s finding that Osborne did not have a severe impairment and therefore was not disabled. ... Thus, the medical records reflect that between 2005 and June 2012, Osborne had a single depressive episode requiring intensive treatment. Given that Osborne experienced a depressive episode for only a short period of time, substantial evidence supports a finding that she did not have a severe impairment and, consequentially, not disabled. See 20 C.F.R. § 404.1520(c).Read the full opinion on CourtListener →
At step two, a claimant is not disabled if he or she lacks a severe medically determinable impairment, meaning an impairment that more than minimally limits the ability to do basic work activities.
Davis v. Saul · filed 2020-10-09(a)(4)(ii)
At step two of the disability analysis, the ALJ determines if a claimant’s impairments are severe. 20 C.F.R. §§ 404.1520(a)(4)(ii); 416.920(a)(4)(ii). If the claimant does not have a severe medically determinable impairment, or combination of impairments, then he or she is not disabled. Id. “An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant’s physical or mental ability to do basic work activities.” Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir. 2007). It is the claimant’s burden to establish his impairment is severe. Id. Although it is a “de minimus” standard to meet, it is not toothless. Id. at 708; Hudson v. Bowen, 870 F.2d 1392, 1395 (8th Cir. 1989).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ at step two to determine whether a claimant's impairment is medically determinable and severe or non-severe.
O'Dell v. Saul · filed 2020-10-22(a)(4)(ii)
At step two of the sequential evaluation process, the ALJ considers whether a claimant’s impairment is (1) medically determinable or non-medically determinable, and (2) severe or non-severe; this step is essentially a threshold test. 20 C.F.R. § 404.1520(a)(4)(ii); 20 C.F.R. § 416.920(a)(4)(ii). ... Accordingly, I find that remand is required for further consideration of whether Plaintiff’s mental impairments (depression, anxiety, and PTSD) are medically determinable.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires a claimant to show at Step 2 that an impairment significantly limits basic work activities and has lasted or is expected to last at least twelve months.
Vogler v. Saul · filed 2020-10-27(a)(4)(ii)
A severe impairment is one that significantly limits a claimant’s physical or mental ability to perform basic work activities and has lasted or is expected to last for a continuous period of at least twelve months. 20 C.F.R. §§ 404.1520(a)(4)(ii), (c) and 404.1509; 20 C.F.R. §§ 416.920(a)(4)(ii), (c) and 416.909. The claimant bears the burden of establishing a severe impairment at Step 2 of the evaluation process, requiring him to demonstrate that the impairment(s) more than minimally impacts his ability to work. ... There simply is no medical evidence showing that Vogler suffered from knee impairments for twelve continuous months that significantly limited his ability to do basic work activities. Because substantial evidence on the record as a whole supports the ALJ’s determination that Vogler’s knee impairments were not severe, the ALJ did not err in this determination.Read the full opinion on CourtListener →
At step two, the ALJ determines whether a claimant has a medically severe impairment that significantly limits the claimant’s physical or mental ability to do basic work activities.
Havens v. Kijakazi · filed 2020-11-10(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities.Read the full opinion on CourtListener →
Section 416.920(c) requires a step-two determination of whether a claimant has a severe impairment or combination of impairments that significantly limits the ability to perform basic work activities.
(SS) Wright v. Commissioner of Social Security · filed 2020-11-23(c)
At step two of the five-step analysis, the ALJ is required to determine whether a plaintiff has a “severe” medical impairment or combination of impairments. 20 C.F.R. §§ 416.920(c). An impairment is “severe” if it “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 404.1520(c), 416.920(c), 416.921(a). The evaluation at step two is a de minimis screening device to dispose of groundless claims.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the ALJ to find an impairment severe only when it significantly limits the claimant’s ability to perform basic work activities.
Rojas v. Commissioner of Social Security · filed 2020-12-10(c)
As a general matter, in Step Two of the analysis, the ALJ is required to determine whether an impairment or combination of impairments that has lasted or is expected to last for a continuous period of at least 12 months limits claimant’s physical or mental ability to perform basic work activities. See 20 C.R.F. §§ 416.909, 416.920(c). ... Plaintiff argues that the ALJ should have considered his PTSD and cluster B traits to be severe impairments at Step Two of the analysis because he was diagnosed with both impairments by Dr. Ghosh, his treating mental health provider. ECF No. 9 at 11-12. Even though Plaintiff correctly notes that the ALJ did not make specific references to his PTSD or cluster B traits in his opinion, Plaintiff's argument is, nonetheless, without merit because the limited medical evidence relating to his PTSD and cluster B traits does not support Plaintiffs position that either impairment significantly limited his ability to do basic work. See 20 C.F.R. § 416.920; see also Woodmancy v. Colvin, 577 F. App’x 72, 74 (2d Cir. 2014).Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires the ALJ to identify the claimant’s medically determinable severe impairments; when other severe impairments are recognized, the evaluation must continue and all supported limitations must be considered.
Johnston v. Saul · filed 2020-12-15(a)(4)(ii)
At step two of the sequential evaluation process, the ALJ is to identify the claimant’s medically determinable severe impairments. 20 C.F.R. § 416.920(a)(4)(ii). “[A] physical or mental impairment must be established by objective medical evidence from an acceptable medical source.” Id. § 416.921. “An impairment or combination of impairments is not severe if it does not significantly limit [a claimant’s] physical or mental ability to do basic work activities.” Id. § 416.922(a). In this case, the ALJ concluded at step two that Plaintiff had the following severe impairments: chronic obstructive pulmonary disease (COPD), coronary artery disease (CAD), and degenerative disc disease (DDD) of the lumbar spine. R. 16. The ALJ explicitly found that chronic pain syndrome was not one of Plaintiff’s severe impairments. Although the ALJ stated that Plaintiff had been diagnosed with chronic pain syndrome, he concluded that it did not cause significant work-related limitations, and thus was not severe, because Plaintiff had “mostly normal strength, no gait instability, and normal extremities movement.” R. 17. Plaintiff contends this was error. He asserts that, even if his chronic pain syndrome does not affect his physical abilities, it can adversely affect his mental capacities, cause fatigue, and thereby limit his ability to work. Even if Plaintiff is correct that chronic pain syndrome can cause mental limitations and fatigue, any error the ALJ committed in determining Plaintiff’s chronic pain syndrome was not severe was harmless under the circumstances of this case. The step-two determination of severity is “merely a threshold requirement.” Hickman v. Apfel, 187 F.3d 683, 688 (7th Cir. 1999). Where, as here, the ALJ recognizes other severe impairments, he must continue the evaluation process and consider all limitations supported by the evidence. Castile v. Astrue, 617 F.3d 923, 927 (7th Cir. 2010); see also Golembiewski v. Barnhart, 322 F.3d 912, 918 (7th Cir. 2003) (“Having found that one or more of [appellant’s] impairments was ‘severe,’ the ALJ needed to consider the aggregate effect of the entire constellation of ailments—including those impairments that in isolation are not severe.”). That is precisely what the ALJ did here. He considered Plaintiff’s complaints of pain, fatigue, and disability, including evidence bearing on his mental capacity, whether they resulted from chronic pain syndrome or one of the impairments the ALJ identified as severe. Any error in failing to identify chronic pain syndrome as a severe impairment was therefore harmless.Read the full opinion on CourtListener →
Section 416.920 requires a step-two finding of a medically severe impairment or combination that significantly limits the claimant’s ability to perform basic work activities.
Galvan v. Saul · filed 2020-12-16(a)(4)(ii), (c)
Step two assesses whether the claimant has a medically severe impairment, or combination of impairments, which significantly limits the claimant’s physical or mental ability to do basic work activities. If the claimant does not, benefits are denied.Read the full opinion on CourtListener →
Section 416.920(c) requires a claimant to establish at step two that an impairment is severe; a medical diagnosis alone does not qualify an impairment as severe without evidence that it significantly limits basic work activities.
(SS) Norma A. Garcia v. Commissioner of Social Security · filed 2021-01-22(c)
Plaintiff must next establish her impairment was severe. See Bowen, 482 U.S. at 153 (1987); 20 C.F.R. § 416.920(c). The Regulations provide that “[a]n impairment or combination of impairments is not severe if it does not significantly limit [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 404.1521(a), 416.921(a). ... However, no physician identified any functional limitations resulting from her back impairment, and Plaintiff does not identify any objective evidence that her back pain affected her ability to perform basic work activities. ... In other words, a medical diagnosis alone does not make an impairment qualify as “severe.”Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires deciding whether the claimant has a severe impairment that significantly limits the ability to perform basic work activities; an error in separately evaluating an impairment is harmless when the ALJ considers it during the remainder of the sequential evaluation.
Pereira v. Commissioner of Social Security · filed 2021-01-29(a)(4)(ii)
At step two of the evaluation, the ALJ must determine whether the claimant has a “severe impairment” that “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” ... “An impairment or combination of impairments is ‘not severe’ when medical and other evidence establishes only a slight abnormality or a combination of slight abnormalities that would have at most a minimal effect on an individual’s ability to perform basic work activities.” ... In this case, any step-two error by the ALJ in failing to separately consider plaintiff’s headache impairment was harmless because the ALJ proceeded through the sequential evaluation and explicitly considered plaintiff’s headaches during the subsequent analysis. ... Accordingly, I conclude that any error at step two was harmless.Read the full opinion on CourtListener →
At step two of the sequential evaluation, the claimant must have at least one severe impairment before the adjudicator proceeds to the step-three listing analysis.
Fries v. Saul · filed 2021-03-03(a)(4)(ii)
The ALJ follows a five-step sequential process in determining whether a person is disabled or continues to be disabled within the meaning of the Social Security Act (SSA). See 20 C.F.R. §§ 404.1520, 416.920(a)(4)(i)-(v); 20 C.F.R. §§ 404.1594, 416.994. As relevant here, where a claimant is found to have at least one severe impairment at step two of the sequential process, see 20 C.F.R. § 416.920(a)(4)(ii), step three requires the ALJ to evaluate whether a claimant’s impairments meet or medically equal any of the impairments listed in 20 C.F.R., Pt. 404, Subpt. P, App’x 1 (§§ 416.920(a)(4)(iii), 416.920(d); Listing of Impairments, 20 C.F.R. § 416.925); see also Tackett v. Apfel, 180 F.3d 1094, 1098 (9th Cir. 1999).Read the full opinion on CourtListener →
Section 416.920(c) requires an impairment to significantly limit a claimant’s ability to perform basic work activities to qualify as severe at step two, but a severe non-exertional impairment does not automatically preclude reliance on the grids at step five.
Warren v. Saul (CONSENT) · filed 2021-03-05(c)
Warren misunderstands the purpose and requirements of step two. Step two serves to filter out “claims based on the most trivial impairments . . . .” McDaniel, 800 F.2d at 1031. The mere existence of impairments found at step two “does not reveal the extent to which they limit [a claimant’s] ability to work or undermine the ALJ’s determination in that regard.” Moore, 405 F.3d at 1213 n.6. The “only consequence of the analysis at step two is that, if the ALJ finds no severe impairment or impairments, he should reach a conclusion of no disability.” Tuggerson–Brown v. Comm’r of Soc. Sec., 572 F. App’x 949, 951 (11th Cir. 2014). It does not necessarily follow, then, that the presence of a severe non-exertional impairment—i.e., one that limits a claimant’s ability to do basic work activities—mandates a finding that the impairment precludes a wide range of employment at the given work capacity level indicated by the exertional limitations, which in Warren’s case is the sedentary level.Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits a claimant’s ability to perform basic work activities; severity is a threshold, de minimis requirement at step two.
Needham v. Commissioner of Social Security · filed 2021-03-05(c)
A severe impairment or combination of impairments is one which significantly limits the physical or mental ability to perform basic work activities. 20 C.F.R. §416.920(c). ... A claimant is not required to establish total disability at this level of the sequential evaluation process. Rather, the severe impairment requirement is a threshold element which a claimant must prove in order to establish disability within the meaning of the Act. ... An impairment will be considered nonsevere only if it is a “slight abnormality which has such minimal effect on the individual that it would not be expected to interfere with the individual’s ability to work, irrespective of age, education, and work experience.” ... The severity requirement is a “de minimis hurdle” in the sequential evaluation process.Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires the Commissioner to determine whether a claimant has a severe impairment that significantly limits the ability to perform basic work activities.
Rehkop v. Saul · filed 2021-03-18(a)(4)(ii)
Second, if the claimant is not engaged in substantial gainful activity, the Commissioner looks to see whether the claimant has a severe “impairment [that] significantly limits [the] claimant’s physical or mental ability to do basic work activities.” Hurd v. Astrue, 621 F.3d 734, 738 (8th Cir. 2010); see also 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the evaluator at step two to determine whether the claimant has a severe impairment or combination of impairments.
Abernathy v. Social Security Administration, Commissioner · filed 2021-03-23(a)(4)(ii)
A severe impairment is an impairment that significantly limits a claimant’s physical or mental ability to do basic work activities. See 20 C.F.R. §§ 416.920–416.922. As the ALJ noted, basic work activities are the abilities and aptitudes necessary to do most jobs and include physical functions; capacities for seeing, hearing, and speaking; understanding, carrying out, and remembering simple instructions; use of judgment; responding appropriately to supervision, co-workers, and usual work situations; and dealing with changes in a routine work setting. See Tr. at 18; 20 CFR § 416.922(b). To satisfy step two, the severe impairment or combination of impairments must also meet a twelve-month durational requirement. See 20 C.F.R. §§ 416.909, 416.920(a)(4)(ii); Davis v. Barnhart, 186 F. App’x 965, 967 (11th Cir. 2006).Read the full opinion on CourtListener →
At step two, the SSA evaluates whether a medically determinable impairment or combination of impairments is severe; an impairment is non-severe when it does not significantly limit basic work activities.
Agard v. Commissioner of Social Security · filed 2021-03-23(a)(4)(ii)
At step two of the sequential evaluation process, the ALJ considers the objective medical evidence from acceptable medical sources to determine whether a claimant has a medically determinable impairment. 20 C.F.R. § 404.1521; 20 C.F.R. § 416.921. If the claimant’s impairment is medically determinable, the ALJ then considers whether the impairment or combination of impairments is severe or non-severe. 20 C.F.R. § 404.1520(a)(4)(ii); 20 C.F.R. § 416.920(a)(4)(ii). An impairment is “non-severe” if it “does not significantly limit [a claimant's] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1522; 20 C.F.R. § 416.922. ... Consequently, the Court finds both that the ALJ did not commit legal error by finding that Plaintiff’s right hip arthritis is non-severe, and that the ALJ’s finding is supported by substantial evidence.Read the full opinion on CourtListener →
At step two, a claimant must establish a medically determinable severe impairment or combination of impairments before proceeding in the evaluation.
(SS) Frazier v. Commissioner of Social Security · filed 2021-03-24(a)(4)(ii)
The step two inquiry is a de minimis screening device used to dispose of groundless claims. Bowen v. Yuckert, 482 U.S. 137, 140 (1987). At step two, the claimant bears the initial burden of showing that she has a medically determinable, severe impairment or combination of impairments. See 20 C.F.R. § 416.920(a)(4)(ii), (c); Shaibi v. Berryhill, 883 F.3d 1102, 1106 (9th Cir. 2017); Tackett v. Apfel, 180 F.3d 1094, 1097 (9th Cir. 1999). An impairment is medically determinable only when its existence can be shown through objective medical evidence such as laboratory findings and tests done using acceptable clinical diagnostic techniques. Ukolov v. Barnhart, 420 F.3d 1002, 1005 (9th Cir. 2005). Irrespective of how many symptoms a claimant alleges, the existence of a medically determinable impairment cannot be established in the absence of objective medical abnormalities (i.e., medical signs and laboratory findings). Id.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the ALJ to decide whether the claimant has a severe impairment that significantly limits basic work activities.
(SS) Quintana v. Commissioner of Social Security · filed 2021-03-24(c)
At step two of the five-step analysis, the ALJ is required to determine whether a plaintiff has a “severe” medical impairment or combination of impairments. 20 C.F.R. § 416.920(c). An impairment is “severe” if it “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § § 416.920(c), 416.921(a). The evaluation at step two is a de minimis screening device to dispose of groundless claims. Bowen v. Yukert, 482 U.S. at 153–154 (1987); Edlund v. Massanari, 253 F.3d 1152, 1158 (9th Cir. 2001). An impairment is not severe if the evidence establishes “a slight abnormality that has no more than a minimal effect on an individual[’]s ability to work.” Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 1996) (internal quotations and citations omitted).Read the full opinion on CourtListener →
Section 416.920 treats an impairment as severe when it significantly limits basic work activities, and at step two requires only one severe impairment to proceed to the next step rather than deny benefits.
Blair v. Commissioner, Social Security Administration · filed 2021-03-31(c), (a)(4)(ii)
An impairment is “severe” if it “significantly limits [a claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520(c)[; see also 20 C.F.R. § 416.920(c)]. ... By its plain terms, the regulation requires a claimant to show only “a severe” impairment—that is, one severe impairment—to avoid a denial of benefits at step two. Id. (emphasis added). As long as the ALJ finds one severe impairment, the ALJ may not deny benefits at step two but must proceed to the next step. Thus, the failure to find a particular impairment severe at step two is not reversible error when the ALJ finds that at least one other impairment is severe.Read the full opinion on CourtListener →
At step two, the claimant must show an impairment or combination of impairments that is severe.
Landers v. Saul · filed 2021-04-30(a)(4)(ii)
At step two of the sequential evaluation process, Plaintiff must demonstrate that she has an impairment or combination of impairments that is “severe.” 20 C.F.R. § § 404.1520(a)(4)(ii), (c), 416.920(a)(4)(ii), (c)(2012); Bowen v. Yuckert, 482 U.S. 137, 146 n.5 (1987) (stating that the claimant bears the burden of showing that he has a “severe” impairment); see also Bowers v. Colvin, 628 F. App’x 169, 171 (4th Cir. 2015) (stating that “the claimant bears the burden of production and proof to show that he suffers from a severe medically determinable impairment”). ... The Court is satisfied that the ALJ used substantial evidence to support his conclusion that Plaintiff’s mental impairments are non-severe. Accordingly, remand is not warranted on this issue.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ to determine at step two whether the claimant has a severe impairment, and § 416.920(c) directs a finding of no disability if the claimant has no severe impairment or combination of impairments.
Harper v. Commissioner of Social Security · filed 2021-05-25(a)(4)(ii), (c)
At the second step of the sequential analysis, the ALJ considers whether the claimant has a “severe impairment.” 20 C.F.R. § 416.920(a)(4)(ii). Step two is a threshold inquiry “intended to screen out totally groundless claims.” Nejat v. Comm’r of Soc. Sec., 359 F. App’x 574, 576 (6th Cir. 2009) (quotation marks omitted). Thus, an impairment qualifies as a “severe impairment” only if it is “expected to result in death [or has] lasted or is expected to last for a continuous period of at least 12 months.” 20 C.F.R. §§ 416.909, 416.920(a)(4)(ii). The Sixth Circuit applies a de minimis standard to the Step Two inquiry, meaning that “an impairment can be considered not severe only if it is a slight abnormality that minimally affects work ability regardless of age, education, and experience.” Higgs v. Bowen, 880 F.2d 860, 862 (6th Cir. 1988) (citations omitted). If the ALJ determines that the claimant does not have a severe impairment, or combination of impairments, the regulations direct the ALJ to find that the claimant is not disabled. 20 C.F.R. § 416.920(c). Conversely, if “an ALJ makes a finding of severity as to even one impairment, the ALJ ‘must consider limitations and restrictions imposed by all of an individual’s impairments, even those that are not ‘severe.’” Nejat, 359 F. App’x at 577 (emphasis in original) (quoting SSR 96-8p, 1996 SSR LEXIS 5 (Jul. 2, 1996)). So long as the ALJ considers all the claimant’s impairments – severe and non-severe – in the remaining steps of the disability determination, any error at Step Two is harmless. Id. (citation omitted).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires the Commissioner to use a five-step sequential evaluation process, including a step-two determination whether the claimant has a severe impairment significantly limiting basic work abilities.
Schafenberg v. Saul · filed 2021-06-22(a)(4)
To determine if a claimant suffers from a qualifying disability under the Social Security Act, the Commissioner follows a five-step, sequential evaluation process. See 20 C.F.R. § 416.920(a)(4). The only step at issue here, the second step, requires the Commissioner to “consider[] whether the claimant has a severe impairment which significantly limits h[er] physical or mental ability to do basic work activities.”Read the full opinion on CourtListener →
Section 416.920 requires an impairment to significantly limit a claimant’s ability to perform basic work activities to be severe at step two; the court upheld treating the claimant’s headaches as non-severe after considering their effects in the later RFC analysis.
Collora v. Saul · filed 2021-06-24(a)(4)(i)-(ii), (c)
At step two of the sequential process, the ALJ must determine that the claimant has a severe mental or physical impairment that has or is expected to last twelve months or will result in death. 20 C.F.R. §§ 404.1509, 404.1520(a)(4)(i)-(ii); 416.909, 416.920(a)(4)(i)-(ii). “An impairment is not severe if it amounts only to a slight abnormality that would not significantly limit the claimant’s physical or mental ability to do basic work activities.” Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir.2007); 20 C.F.R §§ 404.1520(c), 416.920(c). ... Thus, the ALJ did not err in finding that Plaintiff’s headaches were not a severe impairment.Read the full opinion on CourtListener →
Section 416.920(c) requires deciding at step two whether a medically determinable impairment is severe, meaning it significantly limits the claimant’s ability to perform basic work activities; if no severe impairment exists, benefits are denied.
Campbell v. Kijakazi · filed 2021-06-30(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits her physical or mental ability to do basic work activities. This involves a two-step process: 1) determining whether the claimant has a medically determinable impairment based on the objective medical evidence, consisting of signs, symptoms, or laboratory findings, and 2) if so, determining whether the impairment is severe.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ, at step two of the sequential evaluation, to decide whether the claimant has a severe impairment.
Vincent v. Saul · filed 2021-07-12(a)(4)(ii)
At step two of the sequential evaluation process, the ALJ considers whether a claimant’s impairment is (1) medically determinable or non-medically determinable, and (2) severe or non-severe; this step is essentially a threshold test. 20 C.F.R. § 416.920(a)(4)(ii); SSR 85-28, 1985 WL 56856. ... Although the argument made by Plaintiff is vague, and is not supported by any citation to the medical evidence in this case, my own review of the record compels me to agree that the ALJ’s analysis at step two is not supported by substantial evidence. ... However, I am not persuaded that the inadequate rationale provided at step two warrants remand in this case.Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe only if it significantly limits the ability to perform basic work activities and satisfies the required duration.
THOMAS v. SAUL · filed 2021-07-15(c)
At step 2 of the analysis, an ALJ must determine whether the claimant has a medically determinable impairment that is severe or a combination of impairments that is severe. 20 C.F.R. §416.1420(a). ... An impairment is not severe if it does not significantly limit the physical or mental ability to do basic work activities and/or does not last or is not expected to last for a continuous period of at least 12 months. 20 C.F.R. §§416.920(c), 416.921(a), 416.909, 42 U.S.C. §423(d). ... Consequently, I find no merit to this argument.Read the full opinion on CourtListener →
At step two, the regulation requires the ALJ to determine whether the claimant has a severe impairment that significantly limits basic work activities.
Munoz v. Commissioner of Social Security · filed 2021-07-20(c)
At step two of the sequential evaluation process, the ALJ must determine whether Plaintiff has a severe impairment that significantly limits her physical or mental ability to do basic work activities. See 20 C.F.R. § 416.920(c)2.Read the full opinion on CourtListener →
Section 416.920(c) requires a claimant to have a severe impairment, meaning an impairment or combination of impairments that significantly limits the ability to perform basic work activities, at step two of the disability evaluation.
Skiles v. Saul · filed 2021-07-23(c)
At step two of the sequential analysis, the ALJ determines whether a claimant has a “severe impairment.” 20 C.F.R. §§ 404.1520(c), 416.920(c). “An impairment or combination of impairments is not severe if it does not significantly limit your physical or mental ability to do basic work activities.” 20 C.F.R. §§ 404.1522(a), 416.922(a).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ at Step Two to determine whether the claimant has a severe medically determinable impairment that has lasted or is expected to last at least 12 continuous months.
Gilyana v. Saul · filed 2021-07-28(a)(4)(ii)
At Step Two of the sequential process, the ALJ determines whether the claimant has a “severe medically determinable physical or mental impairment” that has lasted or is expected to last for a continuous period of at least 12 months. 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
At step two, § 416.920(c) requires considering whether an impairment or combination significantly limits a claimant’s ability to perform basic work activities; impairments causing no more than minimal work-related effects are not severe.
Williams v. Commissioner of Social Security · filed 2021-08-19(c)
As for impairments consideration at Step Two, Plaintiff bears the burden of establishing that she has a severe impairment, “which is ‘any impairment or combination of impairments which significantly limits [the claimant’s] ability to do basic work,’” Miller v. Berryhill, No. 16CV6467, 2017 U.S. Dist. LEXIS 153578, at *20 (W.D.N.Y. Sept. 20, 2017) (Telesca, J.); see 20 C.F.R. § 416.920(c). An impairment or combination of impairments are found to be “not severe” when medical evidence establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual’s ability to work, SSR 85-28, 1985 SSR LEXIS 19 (1985). In this Circuit, this Step Two severity analysis “may do no more than screen out de minimis claims,” Dixon v. Shalala, 54 F.3d 1019, 1030 (2d Cir. 1995). Despite this level of screening at Step Two, Plaintiff still has the burden to show that the impairments or combination of impairments significantly limited his or her ability to perform work. ... The ALJ erred in finding that Plaintiff’s knee and shoulder injuries were not severe impairments and in not considering these impairments with impairments deemed to be severe in later steps of the analysis. ... Given the de minimis level of proof Plaintiff needed at Step Two, declaring her impairments were not severe was in error.Read the full opinion on CourtListener →
Section 416.920(a)(ii) requires the ALJ at step two to determine whether the claimant has a medically determinable severe impairment.
Calhoun v. Kijakazi · filed 2021-08-09(a)(ii)
At step two of the sequential evaluation process, the ALJ must determine whether the claimant has any medically determinable severe impairments. 20 C.F.R. § 416.920(a)(ii). ... The ALJ did not err in finding no physical impairments to be medically determinable.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) makes determining whether a claimant has a severe impairment the second step of the disability evaluation.
Scott v. Commissioner of Social Security · filed 2021-08-30(a)(4)(ii)
An impairment must be severe for at least twelve consecutive months to qualify as a severe impairment at step two of the sequential evaluation process. 20 C.F.R. §§ 416.905(a), 416.909, 416.920(a)(4)(ii); Barnhart v. Walton, 535 U.S. 212, 217 (2002). ... Thus, the ALJ properly found Plaintiff’s left eye impairment was non-severe.Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires a claimant to show a medically severe impairment or combination of impairments; an impairment is not severe only when it is a slight abnormality with no more than a minimal effect on basic work activities.
Begzad v. Social Security Administration · filed 2021-09-13(a)(4)(ii)
At Step Two, the claimant bears the burden of showing that she has a medically severe impairment or combination of impairments. See 20 C.F.R. § 416.920(a)(4)(ii), (c). “An impairment is not severe if it is merely ‘a slight abnormality (or combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work activities.’” Webb v. Barnhart, 433 F.3d 683, 686 (9th Cir. 2005) (quoting S.S.R. No. 96–3(p) (1996)). ... Accordingly, the ALJ erred in labeling Plaintiff’s anemia as non-severe, and failing to take it into account at Step Two and beyond. The same is true for Plaintiff’s esophageal reflux disease and her menorrhagia. These conditions were not considered elsewhere in the sequential evaluation process; they are, therefore, not harmless errors.Read the full opinion on CourtListener →
At step two, a claimant has a severe impairment when it significantly limits the claimant’s physical or mental ability to perform basic work activities.
Land v. Commissioner of Social Security · filed 2021-09-16(a)(4)(ii)
At step two of the sequential analysis, the ALJ must determine whether the claimant has a “severe impairment” that “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 416.920(a)(4)(ii), (c).Read the full opinion on CourtListener →
Section 416.920(c) requires a medically determinable impairment or combination of impairments that significantly limits basic work activities to qualify as severe at Step Two; failing to separately list a related impairment is harmless when the ALJ considers it in the later analysis.
Jones v. Saul · filed 2021-09-21(c)
At Step Two of the five-step sequential evaluation used to determine whether a claimant is disabled, the ALJ must determine whether the claimant has a “severe” impairment which lasted or is expected to last for at least twelve months. See 20 C.F.R. §§ 404.1509, 416.909. To show that an impairment is severe, a claimant must show that he has (1) a medically determinable impairment or combination of impairments, which (2) significantly limits his physical or mental ability to perform basic work activities, without regard to age, education, or work experience. See 20 C.F.R. §§ 404.1520(a)(4)(ii), (c); 404.1521(a), 416.920(a)(4)(ii), (c); 416.921(a). ... Here, at Step Two of the sequential evaluation, the ALJ determined Plaintiff’s “history of gunshot wounds” to constitute a severe impairment. ... Even if the ALJ technically erred in not explicitly including chronic pain after traumatic injury or mild-to-moderate facet arthropathy in Step Two, given the ALJ’s inclusion and discussion of these diagnoses in her subsequent analysis and their close relationship to Plaintiff’s severe impairment of a history of gunshot wounds, the ALJ’s failure to include them at Step Two was, at most, a harmless error.Read the full opinion on CourtListener →
Under § 416.920, a severe impairment significantly limits basic work activities, and once a claimant has at least one severe impairment, the evaluation proceeds beyond step two.
Kallas v. Social Security, Commissioner of · filed 2021-09-29(c), (a)(4)(ii), (a)(4)
Labelling these impairments as “severe” meant that these impairments significantly limited Plaintiff’s ability to perform basic work activities. 20 C.F.R. § 416.920(c) (2016); ... Even under the Commissioner’s interpretation, however, I find no error because the ALJ did not prejudice Plaintiff by finding severe impairments. See 20 C.F.R. § 416.920(a)(4)(ii) (2016) (providing that a claimant passes step two by displaying at least one severe medically determinable impairment). ... Moreover, after determining Plaintiff’s severe impairments, the ALJ had nothing further to discuss at step two, and was obligated to move on to the subsequent steps in the sequential evaluation process. 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits a claimant’s ability to perform basic work activities; a slight abnormality with no more than a minimal effect is not severe.
Leigh v. Kijakazi · filed 2021-10-12(c)
At step 2 of the sequential evaluation process, the ALJ is tasked with determining whether a claimant has a medically determinable impairment that is severe, or a combination of impairments that are severe. See 20 C.F.R. § 404.1520(c), 20 C.F.R. § 416.920(c)). As explained in the Decision, [a]n impairment or combination of impairments is ‘severe’ within the meaning of the regulations if it significantly limits an individual’s ability to perform basic work activities. An impairment or combination of impairments is ‘not severe’ when medical and other evidence establish only a slight abnormality or a combination of slight abnormalities that would have no more than a minimal effect on an individual’s ability to work.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ to determine whether a medically determinable impairment significantly limits a claimant’s ability to perform basic work activities and, if so, to classify the impairment as severe.
Wilson v. Kijakazi · filed 2021-10-22(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits her physical or mental ability to do basic work activities. This involves a two-step process: 1) determining whether the claimant has a medically determinable impairment and 2), if so, determining whether the impairment is severe. ... On this record, the ALJ erred by not finding fibromyalgia as a severe impairment.Read the full opinion on CourtListener →
At step two, § 416.920 requires determining whether the claimant has a severe medically determinable impairment, which means an impairment that significantly limits basic work activities; the inquiry is a de minimis threshold screen.
Koch v. Commissioner of Social Security · filed 2021-11-08(a)(4)(iii) & (c)
At step two of the sequential evaluation, the ALJ must determine if a claimant has a “severe medically determinable physical or mental impairment.” 20 C.F.R. § 404.1520, § 416.920. ... A medically determinable impairment is considered “severe” if it “significantly limits [a claimant’s] physical or mental ability to do basic work activities. . . .” 20 C.F.R. §§ 404.1520(a)(4)(iii) & (c), 416.920(a)(4)(iii) & (c). ... The step two inquiry, however, is merely a threshold determination as to whether a claimant has raised a “prima facie case of a disability.” ... An impairment or combination of impairments may be found “not severe only if the evidence establishes a slight abnormality that has no more than a minimal effect on an individual’s ability to work.” ... The ALJ lacked substantial evidence to find the record clearly established Plaintiff did not have a medically severe impairment. Thus, the ALJ committed harmful error by ending the sequential evaluation at step two.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether the claimant has a severe impairment that significantly limits the ability to perform basic work activities.
Cyman v. Commissioner of Social Security · filed 2021-11-09(c)
At step two of the sequential evaluation process, the ALJ must determine whether the claimant has a severe impairment that significantly limits his or her physical or mental ability to do basic work activities. Desmond v. Astrue, No. 11-cv-0818, 2012 WL 6648625, at *3 (N.D.N.Y. Dec. 20, 2012) (citing 20 C.F.R. §§ 404.1520(c), 416.920(c)).Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits the claimant's physical or mental ability to perform basic work activities; any step-two error is harmless when the evaluation continues and the impairment's effects are considered at later steps.
Gray v. Kijakazi · filed 2021-11-12(c)
A severe impairment is an impairment or combination of impairments that significantly limits a claimant’s physical or mental ability to perform basic work activities. See 20 C.F.R. §§ 416.920(c), 416.921. An impairment is not severe if it amounts to only a slight abnormality and does not significantly limit the claimant’s physical or mental ability to do basic work activities. Kirby, 500 F.3d at 707; 20 C.F.R. § 416.921(a). ... The Court cannot agree with Plaintiff’s argument because the ALJ’s conclusion of non-severity is supported by substantial evidence. ... Even if this Court were to find the ALJ erred in determining his headaches to be non-severe, such error is harmless if the ALJ finds Plaintiff to suffer from another severe impairment, continues the evaluation process, and considers the effects of the non-severe impairment at the other steps of the process. ... Here, any potential error in not finding Plaintiff’s headaches severe at Step Two would be harmless. The ALJ found Plaintiff had the severe impairment of right-sided acoustic neuroma, status post external beam radiation, with right-sided hearing loss. Tr. 13. When considering Plaintiff’s RFC, the ALJ discussed the effects of his headaches in combination with all of his other impairments, severe and non-severe. See Tr. 15-17. Thus, the Court cannot find the ALJ committed reversible error in his determination that Plaintiff’s headaches were not a severe impairment.Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits a claimant’s physical or mental ability to perform basic work activities.
Wise v. Social Security Administration · filed 2021-11-18(c)
Plaintiff has the burden of proving that an impairment is “severe.” See Nguyen v. Chater, 75 F.3d 429, 431 (8th Cir. 1995). A “severe” impairment is one that significantly limits a claimant’s physical or mental ability to do basic work activities. Gwathney v. Chater, 104 F.3d 1043, 1045 (8th Cir. 1997); Browning v. Sullivan, 958 F.2d 817, 821 (8th Cir. 1992); 20 C.F.R. § 416.920(c) (2007). It has “more than a minimal effect on the claimant’s ability to work.” Hudson v. Bowen, 870 F.2d at 1396; accord, Kirby v. Astrue, 500 F.3d 705, 707 (8th Cir. 2007); Page v. Astrue, 484 F.3d 1040, 1043 (8th Cir. 2007). ... Plaintiff’s medical records simply do not support an allegation that her Raynaud’s phenomenon causes significant limitation in the ability to perform work-related activities. ... Accordingly, I find the ALJ adequately considered the impact of Reynaud’s syndrome on Plaintiff’s ability to perform work activities.Read the full opinion on CourtListener →
At step two, an impairment is severe only if it significantly limits the claimant's ability to perform basic work activities and has lasted or is expected to last at least 12 months; if the claimant has a severe impairment, the ALJ proceeds to the next step.
STROUP v. SAUL · filed 2021-12-17(c), (a)
At step two of the analysis, an ALJ must determine whether the claimant has a medically determinable impairment that is severe or a combination of impairments that is severe. 20 C.F.R. §416.1420(a). The mere existence of a diagnosis or an abnormal reading does not equate to a severe impairment. Phillips v. Barnhart, 91 Fed. Appx. 775, 780 (3d Cir. March 10, 2004). To be clear, the question of severity relies not on the particular condition, but on the limitations stemming from that condition. Id. An impairment is not severe if it does not significantly limit the physical or mental ability to do basic work activities and/or does not last or is not expected to last for a continuous period of at least 12 months. 20 C.F.R. §§416.920(c), 416.921(a), 416.909, 42 U.S.C. §423(d). If a claimant is found to have a severe impairment, then the ALJ proceeds to the next step. 20 C.F.R. §416.920(a).Read the full opinion on CourtListener →
Section 416.920(c) requires a claimant at Step Two to show a medically determinable impairment that significantly limits basic work activities for the required duration.
Force v. Kijakazi · filed 2022-01-07(c)
To meet the Step Two “severity” requirement, Plaintiff had the burden of showing she had (1) a “medically determinable” impairment or combination of impairments which (2) significantly limited her physical or mental ability to perform basic work activities without regard to age, education, or work experience for the required twelve-month duration.Read the full opinion on CourtListener →
Section 416.920(c) requires an impairment or combination of impairments to significantly limit a claimant’s physical or mental ability to do basic work activities to qualify as severe at step two.
Pettiford v. Commissioner of Social Security Administration · filed 2022-01-11(c)
To determine if a claimant has a severe impairment, the ALJ must find that an impairment or combination of impairments significantly limits the claimant’s physical or mental ability to do “basic work activities.” See 20 C.F.R. § 416.920(c). ... Here, the ALJ did not mention Pettiford’s knee impairment at step two, precluding this Court from evaluating the ALJ’s step two finding. That failure was error because there is evidence in the record indicating that Pettiford’s knee impairment, alone or in combination with his other impairments, “significantly limits” his physical ability to do “basic work activities.” 20 C.F.R. § 416.920(c); Rogers, 486 F.3d at 243, n.2.Read the full opinion on CourtListener →
Section 416.920(c) requires an impairment to significantly limit a claimant’s physical or mental ability to do basic work activities to qualify as severe; a knee impairment is not severe when the evidence does not show that level of limitation.
Paige v. Commissioner of the Social Security Administration · filed 2022-01-19(c)
To determine if a claimant has a severe impairment, the ALJ must find that an impairment or combination of impairments significantly limits the claimant’s physical or mental ability to do “basic work activities.” See 20 C.F.R. § 416.920(c). ... Neither her complaints of knee pain in 2017 or her x-rays show that her knee impairment significantly limited her ability to do “basic work activities.” 20 C.F.R. § 416.920(c); Higgs, 880 F.2d at 863 (“[t]he mere diagnosis of arthritis ... says nothing about the severity of the condition”).Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether the claimant has a severe impairment; this is a threshold screening inquiry.
Washington v. Commissioner of Social Security · filed 2022-02-22(c)
At step two, the ALJ must determine if the claimant suffers from any impairments that are “severe.” 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, the agency finds a claimant not disabled if the claimant has no severe impairment; if at least one severe impairment exists, the evaluation proceeds to the next steps.
Kirkpatrick v. Kijakazi · filed 2022-02-07(c)
However, the ALJ’s step two determination was not outcome determinative and any error at this step was harmless because the ALJ found that Plaintiff had at least one severe impairment and proceeded through the subsequent steps in the sequential evaluation process.Read the full opinion on CourtListener →
Section 416.920(c) uses a step-two severity screen: an impairment is severe when it significantly limits the claimant’s ability to perform basic work activities.
White v. Commissioner of Social Security · filed 2022-03-08(c)
“The Commissioner’s regulations governing the evaluation of disability for DIB and SSI are identical . . . and are found at 20 C.F.R. § 404.1520, and 20 C.F.R. § 416.920 respectively.” ... The Court’s references to DIB regulations should be read to incorporate the corresponding and identical SSI regulations for purposes of this Order. ... The regulations define a “severe” impairment or combination of impairments as one that significantly limits the physical or mental ability to perform basic work activities. 20 C.F.R. § 404.1520(c). ... Where the ALJ finds at least one severe impairment, the ALJ’s failure to find additional severe impairments at step two is not reversible error where the ALJ considers the claimant’s impairments—both severe and non-severe—in the remaining steps of the disability determination.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) makes step two of the sequential evaluation a screening inquiry into whether the claimant has a medically severe impairment or combination, and the analysis should continue when the absence of severity is not clearly established.
Rabbitt v. Kijakazi · filed 2022-03-09(a)(4)(ii)
At step two, the claimant bears the burden of showing that she has a medically severe impairment or combination of impairments. See 20 C.F.R. § 416.920(a)(4)(ii), (c). “An impairment is not severe if it is merely ‘a slight abnormality (or combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work activities.’” Webb v. Barnhart, 433 F.3d 683, 686 (9th Cir. 2005) (quoting S.S.R. No. 96–3(p) (1996)).Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ to determine whether a claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to do basic work activities.
McCrayer v. Commissioner of Social Security · filed 2022-03-14(c)
At step two of the sequential evaluation process, the ALJ must determine whether a claimant has a severe impairment that significantly limits his or her physical or mental ability to do basic work activities. See 20 C.F.R. § 416.920(c). Here, at step two the ALJ determined Claimant suffered from multiple severe impairments, including history of gunshot injury to the abdomen. (T. 14.) Therefore, the ALJ did consider abdomen injuries as severe impairment at step two.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the second step of the disability evaluation to determine whether the claimant has a severe impairment that has lasted or is expected to last at least twelve months.
White v. Commissioner Of Social Security · filed 2022-03-15(a)(4)(ii)
At step two, the ALJ determines whether any of the claimant’s impairments are severe and have lasted or are expected to last a continuous period of at least twelve months. 20 C.F.R. § 404.1520(a)(4)(ii) (2017) (citing 20 C.F.R. § 404.1509 (2017)); 20 C.F.R. § 416.920(a)(4)(ii) (2017) (citing 20 C.F.R. § 416.909 (2017)). An impairment is severe if it “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 404.1520(c), 416.920(c) (2017). ... The ALJ correctly stated the severity standard and found that White’s obesity, degenerative disc disease of the lumbar spine, arthritis in the hands and feet, Crohn’s disease, hypertension, obesity, and anxiety were severe.Read the full opinion on CourtListener →
Section 416.920 requires a claimant at step two to show that an impairment or combination significantly limits the ability to perform basic work activities; a mere condition or slight abnormality with minimal effect on work is insufficient.
Gray v. Social Security Administration · filed 2022-03-21(a)(4)(ii), (c)
At step two of the sequential evaluation, the ALJ determines whether a claimant has a medically severe impairment or combination of impairments by evaluating “the impact the impairment would have on [the claimant’s] ability to work.” Hinkle v. Apfel, 132 F.3d 1349, 1352 (10th Cir. 1997); see also 20 C.F.R. § 416.920(a)(4)(ii) & (c). A claimant has satisfied his burden at step two only if he has shown his impairment or combination of impairments to be “severe,” i.e. that it “significantly limits [his] physical or mental ability to do basic work activities . . . .” 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, if an impairment is medically determinable, the ALJ must determine whether it is severe.
Metcalf v. Commissioner of Social Security Administration · filed 2022-03-22(a)(4)(ii)
Had the ALJ correctly understood Dr. Geary’s meaning, the ALJ would still need to provide an explanation regarding (1) why Conversion Disorder is not medically determinable, 20 C.F.R. § 416.921; (2) if it was medically determinable, whether it was severe, 20 C.F.R. § 416.920(a)(4)(ii); and (3) whether it was severe or not, to what extent it impacted Plaintiff’s RFC.Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires the decision maker to determine whether the claimant has a medically severe impairment or combination of impairments.
Wolf v. Kijakazi · filed 2022-03-29(a)(4)(ii)
If the claimant is not engaged in substantial gainful activities, the decision maker proceeds to step two and determines whether the claimant has a medically severe impairment or combination of impairments. 20 C.F.R.. §§ 416.920(a)(4)(ii), 404.1520(a)(4)(ii). If the claimant does not have a severe impairment or combination of impairments, the disability claim is denied. ... The ALJ did not analyze whether Plaintiff’s right knee condition could be expected to last for twelve months. Nor did the ALJ analyze whether Plaintiff’s right knee condition would have amounted to a severe impairment had it met the duration requirement. See AR 29. ... Accordingly, the step two error in determining whether Plaintiff’s knee pain constitutes a severe impairment was not harmless.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ at Step Two to determine whether the claimant has a severe, medically determinable impairment that has lasted or is expected to last for at least twelve months.
Brown v. Saul · filed 2022-03-30(a)(4)(ii)
At Step Two, the ALJ must determine whether the claimant has a severe, medically determinable impairment that has lasted or is expected to last for at least twelve months. 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
Section 416.920(a)(ii) requires the ALJ, at step two of the sequential evaluation, to determine whether the claimant has any medically determinable severe impairments.
Victor-Kailianu v. Kijakazi · filed 2022-03-31(a)(ii)
At step two of the sequential evaluation process, the ALJ must determine whether the claimant has any medically determinable severe impairments. 20 C.F.R. § 416.920(a)(ii).Read the full opinion on CourtListener →
Section 416.920(c) requires an ALJ at step two to determine whether a claimant has a severe impairment or combination of impairments that significantly limits the claimant’s ability to perform basic work activities.
Baker v. Commissioner of Social Security · filed 2022-04-06(c)
At step two, an ALJ decides whether the plaintiff has a “severe impairment” or combination of impairments that “significantly limits [the plaintiff’s] physical or mental ability to do basic work activities[.]” 20 C.F.R. § 416.920(c); SSR 85-28, 1985 WL 56856, at *3 (Jan. 1, 1985). The United States Court of Appeals for the Sixth Circuit has held that an impairment is not severe only if it is “a slight abnormality that minimally affects work ability regardless of age, education, and experience.” Higgs v. Bowen, 880 F.2d 860, 862 (6th Cir. 1988). The record in this case is replete with evidence that Plaintiff’s gastroparesis causes at least nausea and vomiting. Even the testifying medical expert acknowledged that fact and appears to have based his opinion of non-severity on only the fact that Plaintiff’s weight had stabilized in recent years. R. 39. This Court therefore concludes that the ALJ erred in failing to include Plaintiff’s gastroparesis in his severe impairments at step 2 of the sequential evaluation.Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits a claimant’s physical or mental ability to perform basic work activities.
CROFT v. SOCIAL SECURITY ADMINISTRATION COMMISSIONER · filed 2022-04-25(c)
A severe impairment for vocational purposes is one that “significantly limits” a claimant’s “physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c). The burden to demonstrate a severe impairment at step two is light, “designed to do no more than screen out groundless claims.” McDonald v. Sec’y of Health and Human Services, 795 F.2d 1118, 1124 (1st Cir. 1986). Still, an impairment of record is fairly regarded as non-severe if it is not substantiated by the available medical evidence or if “a finding of non-disability would necessarily result” notwithstanding any other vocationally disadvantageous attributes of the claimant’s vocational profile (i.e., her age, education level, prior work experience, etc.). Id. In other words, an impairment supported by medical evidence is non-severe when the “evidence establishes only a slight abnormality or a combination of slight abnormalities which would have no more than a minimal effect on an individual’s ability to work even if the individual’s age, education, or work experience were specifically considered.” Titles II & XVI: Med. Impairments That Are Not Severe, SSR 85-28 (S.S.A. 1985).Read the full opinion on CourtListener →
Section 416.920 requires claimants to establish the first two disability-screening requirements—a lack of substantial gainful activity and a severe impairment or combination of impairments—and failure at either step results in denial of benefits.
ADESANYA v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-05-31(a)(4)(ii)
Administration regulations provide a five-step evaluation procedure to determine whether an individual is disabled. See 20 C.F.R. § 416.920. ... For the second step, claimants must establish that they suffer from a “severe . . . impairment” or “combination of impairments.” Id. § 416.920(a)(4)(ii). Claimants bear the burden of establishing the first two requirements, and failure to satisfy either one results in a denial of benefits. ... After a thorough review of the record, the Court concludes that substantial evidence supports the ALJ’s step-two non-severity determination.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires a claimant to establish at least one severe medically determinable impairment, or a combination of such impairments, at step two of the disability analysis.
WHISMAN v. KIJAKAZI · filed 2022-06-22(a)(4)(ii)
At step two, a claimant must prove that he or she has at least one severe medically determinable impairment or combination thereof. 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
At step two, the regulation requires a claimant to show a severe medically determinable physical or mental impairment; symptoms of an impairment are not treated as a separate impairment.
BAILEY v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-06-27(a)
At step two, a plaintiff must show “that she suffers from a ‘severe medically determinable physical or mental impairment,’ . . . .” Boone v. Barnhart, 353 F.3d 203, 205 n.4 (3d Cir. 2003) (quoting 20 C.F.R. § 416.920(a)). ... Here, at step two the court found colon cancer to be a severe impairment, (R. 15), and Plaintiff’s counsel acknowledged that the gastrointestinal problems Plaintiff experienced were symptoms of colon cancer, (D.E. 14 at 13). ... For Plaintiff to argue that the court should have considered Plaintiff’s gastrointestinal symptoms as an impairment separate and apart from the colon cancer impairment is a request for redundancy that is inconsistent with SSR 16-3p.Read the full opinion on CourtListener →
Section 416.920(c) makes step two of the disability evaluation turn on whether the claimant has a severe impairment.
REYNOSA V. KIJAKAZI · filed 2022-07-25(c)
Step two is known as the “severity regulation” because it focuses on whether the claimant is suffering from a severe impairment. 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the Commissioner to determine whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to do basic work activities.
Garner v. Kijakazi · filed 2022-08-04(c)
At step two of the sequential process, the ALJ must determine whether a claimant suffers from a “severe” impairment, i.e., one that significantly limits her physical or mental ability to do basic work activities. 20 C.F.R. § 416.920(c). ... The Court finds the ALJ’s conclusions as step two were supported by substantial evidence and free from harmful error.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the adjudicator to determine whether the claimant has a medically severe impairment or combination of impairments, and an omission at this step is harmless when the claimant proceeds and all limitations are incorporated into the residual functional capacity.
Tripodo v. Kijakazi · filed 2022-08-04(a)(4)(ii)
The Commissioner has established a five-step sequential evaluation process for determining whether a claimant is disabled. 20 C.F.R. §§ 416.920, 404.1520. ... If the claimant is not engaged in substantial gainful activities, the decision maker proceeds to step two and determines whether the claimant has a medically severe impairment or combination of impairments. 20 C.F.R. §§ 416.920(a)(4)(ii), 404.1520(a)(4)(ii). If the claimant does not have a severe impairment or combination of impairments, the disability claim is denied. ... At step two, an ALJ may find impairments or combinations of impairments to be non-severe “if the evidence establishes a slight abnormality that has no more than a minimal effect on an individual’s ability to work.” ... Omissions at step two are harmless error if step two is decided in the claimant’s favor and the ALJ incorporates all of the claimant's limitations into the RFC. ... Because the ALJ provided substantial evidence to find the specified impairments non-severe and evaluated Plaintiff’s full range of impairment in formulating the RFC, any error in finding particular impairments not severe was harmless.Read the full opinion on CourtListener →
At step two, the regulation requires the Commissioner to determine whether the claimant has a medically determinable impairment that significantly limits basic work activities, and the claimant bears the burden of establishing that the impairment is severe.
Fendler v. Kijakazi · filed 2022-08-08(a)(4)(ii), (c)
At Step Two of the five-step sequential evaluation used to determine whether a claimant is disabled, the ALJ must determine whether the claimant has a “severe” impairment which lasted or is expected to last for at least twelve months. See 20 C.F.R. §§ 404.1509, 416.909. To show an impairment is severe, a claimant must show he has (1) a medically determinable impairment or combination of impairments, which (2) significantly limits his physical or mental ability to perform basic work activities, without regard to age, education, or work experience. See 20 C.F.R. §§ 404.1520(a)(4)(ii), (c); 404.1521(a), 416.920(a)(4)(ii), (c); 416.921(a).Read the full opinion on CourtListener →
At step two, § 416.920(c) requires the ALJ to determine whether an impairment or combination significantly limits the claimant’s physical or mental ability to perform basic work activities, using a de minimis screening inquiry.
BRUMMELL v. COMMISSIONER OF SOCIAL SECURITY · filed 2022-08-31(c)
At step two, an ALJ determines whether the plaintiff has a “severe impairment” or combination of impairments that “significantly limits [the plaintiff’s] physical or mental ability to do basic work activities[.]” 20 C.F.R. § 416.920(c). “The step-two inquiry is a de minimis screening device to dispose of groundless claims.” ... This Court concludes that the ALJ erred when he relied on only those portions of the record that supported the ALJ’s step two findings, while ignoring those portions of the record—particularly the evidence underlying the VA’s decision—that contradicted the ALJ’s findings in this regard.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ at Step Two to determine whether the claimant has a severe, medically determinable impairment that has lasted or is expected to last at least twelve months.
Hill v. Saul · filed 2022-09-13(a)(4)(ii)
The legal principles governing Step Two are well settled. At that step, the ALJ must determine whether the claimant has a severe, medically determinable impairment that has lasted or is expected to last for at least twelve months. 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires the ALJ at step two to determine whether the claimant has a severe impairment or severe combination of impairments meeting the twelve-month duration requirement.
Kampwerth v. Kijakazi · filed 2022-09-20(a)(4)(ii)
At Step Two, the ALJ must determine whether the claimant has “a severe medically determinable physical or mental impairment,” or “a combination of impairments that is severe,” that lasted or is expected to last for at least twelve months. See 20 C.F.R. §§ 416.909; 416.920(a)(4)(ii).Read the full opinion on CourtListener →
Section 416.920(a)(4) requires Step Two of the sequential evaluation to determine whether the claimant has a severe impairment; a claimant is not disabled when the impairments are not severe.
Monroe v. Kijakazi · filed 2022-09-23(a)(4)
Step two of the evaluation states that a claimant is not disabled if her impairments are not “severe.” Simmons v. Massanari, 264 F.3d 751, 755 (8th Cir.2001); 20 C.F.R. § 416.920(a)(4).Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether a claimant has a medically determinable severe impairment or combination of impairments, meaning one that significantly limits basic work abilities.
Callaghan v. Kijakazi · filed 2022-09-29(c)
"At the second step of the disability evaluation process, the ALJ must determine whether the claimant has a medically determinable impairment that is 'severe' or a combination of impairments that is 'severe.'” ... See 20 C.F.R. § 416.920(c). A severe impairment is “any impairment or combination of impairments which significantly limits [a plaintiff's] physical or mental ability to do basic work." ... "The mere presence of an impairment, or that a person has been diagnosed and/or treated for an impairment is not, by itself, sufficient to render a condition severe."Read the full opinion on CourtListener →
Section 416.920(c) requires the Commissioner at step two to determine whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities.
Contreras v. Kijakazi · filed 2022-09-30(c)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits her physical or mental ability to do basic work activities. 20 C.F.R. § 416.920(c). ... Even if the ALJ should have considered ADHD, any error would be harmless because the step was resolved in Plaintiff’s favor. ... The ALJ’s step two finding is legally sufficient, and Plaintiff is not entitled to remand on these grounds.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ, at step two of the sequential evaluation, to determine whether the claimant has a severe impairment that significantly limits the claimant’s physical or mental ability to perform basic work activities.
Rossi v. Commissioner of Social Security · filed 2022-11-09(c)
In general, at step two of the sequential evaluation process, the ALJ must determine whether the plaintiff has a severe impairment that significantly limits his or her physical or mental ability to do basic work activities. See 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires a claimant to show at step two that at least one medically determinable impairment is severe enough to significantly limit basic work activities.
Dahl v. Commissioner Social Security Administration · filed 2022-11-30(a)(4)(ii)
At step two, a claimant must make a threshold showing that he or she has at least one medically determinable impairment that is severe such that it significantly limits his or her ability to perform basic work activities. 20 C.F.R. §§ 416.920(a)(4)(ii), 921(a) (2016); Buck v. Berryhill, 1869 F.3d 1040, 1048 (9th Cir. 2017).Read the full opinion on CourtListener →
At step two, § 416.920(c) directs a not-disabled finding when the claimant lacks a severe impairment; otherwise the sequential evaluation proceeds, and an error in identifying a non-severe impairment may be harmless if the evaluation continues.
MEJIA v. SAUL · filed 2022-11-30(c)
2. If the claimant is found not to have a severe impairment which significantly limits his physical or mental ability to do basic work activity, a finding of not disabled is directed. Otherwise proceed to Step 3. See 20 C.F.R. § 416.920(c). ... Regardless, the ALJ did not commit error because she continued through the sequential evaluation process, finding that Plaintiff could only perform sedentary work. Id. at 17 (citing 20 C.F.R. § 416.967). Defendant correctly states, and this court agrees, that the step two determination is “a de minimis screening device” designed to quickly “dispose of groundless claims.”Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires a threshold determination of whether a medically determinable impairment significantly limits a claimant’s ability to perform basic work activities; an ALJ errs by failing to address alleged severe impairments when the omission is not harmless.
Jessup v. Kijakazi · filed 2022-12-21(a)(4)(ii)
At step two, a claimant must make a threshold showing that she has a medically determinable impairment that significantly limits her ability to perform basic work activities. ... Since there is evidence in the record that Plaintiff may have functional limitations from her mental health symptoms, the ALJ erred at step two in failing to discuss whether depression and/or anxiety are severe impairments. ... This was legal error.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires deciding whether the claimant has a medically determinable impairment that is severe, meaning it significantly limits basic work activities.
Bell v. Commissioner Social Security Administration · filed 2022-12-30(c)
At step two, the ALJ determines whether the claimant has an impairment that is both medically determinable and severe. 20 C.F.R. § 404.1520(c). An impairment is medically determinable if it is diagnosed by an acceptable medical source and based upon acceptable medical evidence. SSR 96-4p, available at 1996 WL 374187; 20 C.F.R. § 404.1513(a). An impairment is “not severe” if it does not “significantly limit” a claimant’s ability to conduct basic work activities. 20 C.F.R. §§ 404.1520(c), 416.920(c); see also Sullivan v. Zebley, 493 U.S. 521, 525 (1990).Read the full opinion on CourtListener →
At step two, a claimant must have a severe medically determinable impairment or combination of impairments that meets the duration requirement.
Harbison v. Commissioner of Social Security · filed 2023-01-31(a)(4)(ii)
At the second step in the sequential evaluation process a claimant must demonstrate she suffers from a “severe medically determinable physical or mental impairment that meets the duration requirement . . . or a combination of impairments that is severe and meets the duration requirement . . .” 20 C.F.R. § 416.920(a)(4)(ii); SSR 16-3p, 2017 WL 5180304, at *11 (Oct. 25, 2017); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988) (per curiam).Read the full opinion on CourtListener →
At step two, § 416.920 requires the ALJ to determine whether an impairment significantly limits a claimant’s ability to perform basic work activities, and failure to account for impairments in the RFC analysis requires remand.
Harrison v. Commissioner of Social Security · filed 2023-02-13(a)(4)(ii)
At step two of the evaluation, the ALJ must determine whether the claimant has a “severe impairment” that “significantly limits [the claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. §§ 416.920(a)(4)(ii), (c). ... “An error at step two – either a failure to make a severity determination regarding an impairment, or an erroneous determination that an impairment is not severe – can be harmless error if the ALJ continues the analysis and considers all impairments in his RFC determination.” ... Nevertheless, “[r]emand is required if the ALJ fails to account for the claimant’s nonsevere impairments when determining her RFC.”Read the full opinion on CourtListener →
At step two, § 416.920 requires the ALJ to determine whether the claimant has a severe impairment meeting the Act's twelve-month duration requirement; a diagnosis alone is insufficient without evidence of significant limitations in basic work activities.
Little v. Commissioner of Social Security · filed 2023-03-07(a)(4)(ii), (c)
The Commissioner follows a five-step sequential evaluation process when adjudicating claims of disability. 20 C.F.R. § 416.920. At step two of the sequential evaluation process, the ALJ determines whether the claimant has a severe impairment that also meets the twelve month durational requirement of the Act. 20 C.F.R. §§ 416.920(a)(4)(ii), (c). If not, the claimant is not disabled. Id. ... The ALJ’s finding that Plaintiff’s diabetes and cervical disc disease were non-severe impairments at step two was consistent with this regulatory framework. A medical diagnosis alone is insufficient to establish severity at step two. A claimant must also present evidence that resulting limitations significantly affected her ability to do basic work activities.Read the full opinion on CourtListener →
Section 416.920 uses a sequential disability evaluation that includes a step-two inquiry into whether a claimant has a severe impairment that significantly limits basic work activities.
Cuellar v. Social Security Administration · filed 2023-03-22(a)(4)(ii), (c)
At step two of the sequential evaluation, the ALJ determines whether a claimant has a medically severe impairment or combination of impairments. 20 C.F.R. § 416.920(a)(4)(ii); Williams, 844 F.2d at 750. ... The Court identifies no step-two error in the ALJ’s consideration of Plaintiff’s PTSD, major depressive disorder, and bipolar II disorder.Read the full opinion on CourtListener →
At step two, an impairment is not a severe impairment unless it is medically determinable and the record shows that it lasted at least 12 continuous months.
Slater v. O'Malley · filed 2023-03-24(a)(4)(ii)
A severe impairment must also be “medically determinable.” 42 U.S.C. § 1382c(a)(3)(A); 20 C.F.R. § 416.920(a)(4)(ii). ... Even if an impairment meets the “severity” and “medical determinability” requirements, it will not be considered a severe impairment unless the record evidence establishes that the impairment lasted at least 12 continuous months. 20 C.F.R. § 416.920(a)(4)(ii) (citing id. § 416.909).Read the full opinion on CourtListener →
At step two, § 416.920 requires the ALJ to determine whether the claimant has a severe impairment, and the ALJ must consider both severe and non-severe impairments when assessing residual functional capacity.
Sennain v. Saul · filed 2023-03-28(a)(4)(ii)
At step two of the sequential process, the ALJ must determine whether the claimant suffers from a “severe” impairment (i.e., one that significantly limits her physical or mental ability to do basic work activities). 20 C.F.R. § 416.920(a)(4)(ii); § 416.920(c). ... Even if an ALJ does not identify an impairment as severe at step two, he must consider it in determining the RFC. ... Although the ALJ may not have been required to identify Plaintiff’s HES as severe at step two, he was required to consider all severe and non-severe impairments in determining her RFC, including the HES impairment’s impact. But because he did not do so, his failure constitutes harmful error.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ at step two to determine whether a claimant has an impairment or combination of impairments that is both medically determinable and severe.
McKenney v. Commissioner Social Security Administration · filed 2023-05-05(c)
At step two, the ALJ determines whether the claimant has an impairment, or combination of impairments, that is both medically determinable and severe. 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
Section 416.920(c) treats an impairment as severe when it significantly limits a claimant’s physical or mental ability to do basic work activities.
Jackson v. Social Security Administration · filed 2023-06-05(c)
A “severe” impairment is one that significantly limits a claimant’s physical or mental ability to do basic work activities. ... 20 C.F.R. §§ 404.1520(c), 416.920(c) (2008). ... The medical evidence clearly shows Plaintiff's back and neck issues significantly limit her ability to perform basic work activities. Therefore, this matter should be remanded for further development of the record — namely evaluating Plaintiff's back and neck impairments beyond Step 2 of the sequential analysis.Read the full opinion on CourtListener →
At step two, a claimant who has no severe impairment is found not disabled and does not proceed to step three.
Roberts v. Kijakazi (CONSENT) · filed 2023-09-29(a)(4)(ii)
Because Plaintiff failed to establish that she suffered from a severe impairment at step two, the ALJ did not err by not proceeding to a discussion of Listing 12.08 at step three. See Vangile, 695 F. App’x at 513; Tuggerson-Brown, 572 F. App’x at 951; McMahon, 583 F. App’x at 887; 20 C.F.R. § 416.920(a)(4)(ii); see also Ellison, 355 F.3d at 1276 (a claimant is responsible for producing evidence in support of his or her claim).Read the full opinion on CourtListener →
At step two, § 416.920 requires the ALJ to determine whether a medically determinable impairment or combination of impairments is severe—significantly limiting the claimant’s ability to perform basic work activities—and to consider all the evidence in making that determination.
(SS) Fain v. Commissioner of Social Security · filed 2023-11-07(a)(4)(ii), (c)
At step two, the ALJ must determine if the claimant has a medically determinable impairment or combination of impairments that are severe, such that they would significantly limit the claimant’s ability to perform basic work activities. See Smolen v. Chater, 80 F.3d 1273, 1289-90 (9th Cir. 1996) (citation omitted); 20 C.F.R. § 416.920(a)(4)(ii). A medically determinable impairment “must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques.” 20 C.F.R. § 416.921. A severe impairment is one that “significantly limits” a claimant’s “physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c). An ALJ must consider all the evidence at step two to determine whether a medically determinable impairment significantly limits the claimant’s ability to perform basic work activities. Id. § 416.20(a); Bowen v. Yuckert, 482 U.S. 137, 153 (1987).Read the full opinion on CourtListener →
At step two, an ALJ must determine whether the claimant has at least one severe medically determinable impairment or combination of impairments.
Piksa v. Commissioner of Social Security · filed 2024-01-05(a)(4)(ii)
As to the remainder of Plaintiff’s step-two argument, at step two an ALJ must determine whether a claimant has at least one severe medically determinable impairment or combination of impairments. 20 C.F.R. § 416.920(a)(4)(ii).Read the full opinion on CourtListener →
At step two, a claimant must show that an impairment or combination of impairments significantly limits the physical or mental ability to perform basic work activities.
Cooper v. Social Security Administration · filed 2024-01-12(c)
At step two, Plaintiff bears the burden of showing the existence of an impairment or combination of impairments which “significantly limits [his] physical or mental ability to do basic work activities.” 20 C.F.R. § 404.1520(c); 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, a claimant must have a severe medically determinable impairment or combination of impairments that meets the duration requirement.
Clifton v. Commissioner of Social Security · filed 2024-01-17(a)(4)(ii)
At the second step in the sequential evaluation process a claimant must demonstrate he suffers from a “severe medically determinable physical or mental impairment that meets the duration requirement . . . or a combination of impairments that is severe and meets the duration requirement . . .” 20 C.F.R. § 416.920(a)(4)(ii); Social Security Ruling 16-3p, 2017 WL 5180304, at *11 (Oct. 25, 2017); Higgs v. Bowen, 880 F.2d 860, 863 (6th Cir. 1988) (per curiam).Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ to determine whether the claimant has a severe impairment or combination of impairments that significantly limits basic work activities, applying the de minimis step-two standard and resolving reasonable doubts in the claimant's favor.
HUNT v. COMMISSIONER OF SOCIAL SECURITY · filed 2024-02-08(c)
At step two, the ALJ decides whether the plaintiff has a “severe impairment” or combination of impairments that “significantly limits [the plaintiff’s] physical or mental ability to do basic work activities[.]” 20 C.F.R. § 416.920(c). If the plaintiff does not have a severe impairment or combination of impairments, then the inquiry ends because the plaintiff is not disabled. Otherwise, the ALJ proceeds to step three. ... Given this selective citation and contrary evidence ignored or discounted by the ALJ, and construing reasonable doubts in favor of Plaintiff, the Court cannot conclude that the ALJ applied the proper de minimis standard at step two of the sequential evaluation process in finding that Plaintiff’s claim is “groundless” and that her claim to disability benefits should be denied at step two.Read the full opinion on CourtListener →
Section 416.920(a)(4)(ii) requires a claimant to show at step two at least one medically determinable, severe impairment, and § 416.920(c) defines a severe impairment as one that significantly limits the claimant’s physical or mental ability to do basic work activities.
Breimon v. Commissioner of Social Security · filed 2024-03-18(a)(4)(ii), (c)
At step two of the sequential evaluation, the claimant has the burden of showing that he has at least one impairment that is both medically determinable and severe. Tidwell v. Apfel, 161 F.3d 599, 601 (9th Cir. 1999); 20 C.F.R. § 416.920(a)(4)(ii). ... Further, an ALJ will only find an impairment to be “severe” if it “significantly limits [a claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c). Here, the ALJ determined that Plaintiff’s anxiety, depression, attention-deficit hyperactivity disorder, posttraumatic stress disorder, and learning disorder were severe at step two. AR 20. She therefore resolved step two in Plaintiff’s favor and continued with the sequential evaluation process. AR 20–28. ... Moreover, because step two was decided in Plaintiff’s favor, he cannot demonstrate prejudice resulting from the ALJ’s failure to include his substance use as a severe impairment. Buck, 869 F.3d at 1049 (citing Molina, 674 F.3d at 1115). Any alleged error in the ALJ’s failure to do so is harmless and cannot be the basis for remand. Id.Read the full opinion on CourtListener →
At step two, § 416.920(c) requires a claimant to show that an impairment or combination of impairments significantly limits the ability to perform basic work activities.
Lynn v. Social Security Administration · filed 2024-03-30(c)
At step two, Claimant bears the burden of showing the existence of an impairment or combination of impairments which “significantly limits [his] physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c).Read the full opinion on CourtListener →
At step two, § 416.920 requires determining whether the claimant has a severe impairment or combination of impairments meeting the duration requirement; if not, the claimant is not disabled, and the claimant bears the burden of showing severity.
Strode v. Commissioner Social Security Administration · filed 2024-05-21(a)(4)(ii), (c)
Step two proceeds in two steps. First, the ALJ “establish[es] that [the claimant has] a medically determinable impairment(s),” and then the ALJ must “determine whether [the claimant’s] impairment(s) is severe.” Id.; see also 20 C.F.R. § 416.920(a)(4)(ii) (noting that at the second step of the sequential evaluation process, “we consider the medical severity of your impairment(s)”). ... “If [the claimant does] not have a severe medically determinable physical or mental impairment that meets the duration requirement in § 416.909, or a combination of impairments that is severe and meets the duration requirement, [the Commissioner] will find that [the claimant is] not disabled.” 20 C.F.R. § 416.920(a)(4)(ii); ... Plaintiff has the burden of presenting evidence sufficient to establish a “severe” impairment. See 20 C.F.R. § 416.920(c); ... To satisfy step two’s severity requirement, Plaintiff must prove that his medically determinable impairments, either alone or in combination, “[s]ignificantly limit [his] physical or mental ability to do basic work activities.” 20 C.F.R. § 416.922(a).Read the full opinion on CourtListener →
At step two, § 416.920(a)(4)(ii) requires the ALJ to determine whether the claimant has a severe impairment; under § 416.920(c), an impairment is not severe if it does not significantly limit basic work activities.
Diako v. O'Malley · filed 2024-06-11(a)(4)(ii), (c)
At step two, an ALJ must determine whether a claimant suffers from a severe impairment or combination of impairments that has lasted or is expected to last for a continuous period of at least 12 months. 20 C.F.R. § 416.920(a)(4)(ii); 20 C.F.R. § 416.909. “An impairment or combination of impairments is not severe if it does not significantly limit [a claimant’s] physical or mental ability to do basic work activities,” including “walking, standing, sitting, lifting, pushing, pulling, reaching, carrying, or handling.” ... Based on this evidence and the record as a whole, the Court holds that substantial evidence supports the ALJ’s step-two finding that Diako’s HIV and lumbar-spine impairments are not severe.Read the full opinion on CourtListener →
At step two, an impairment is severe when it significantly limits a claimant’s ability to perform basic work activities.
Robledo v. O'Malley · filed 2024-07-01(c)
While the ALJ is correct that the statement made Dr. Dill as to functional limitations is unclear and somewhat vague, it is clear from Dr. Dill’s letter that she is finding that Plaintiff’s condition limits his function to the extent that it constitutes a severe impairment for purposes of consideration at step two.Read the full opinion on CourtListener →
Section 416.920(c) requires the ALJ to determine at step two whether the claimant has a severe medically determinable impairment or combination of impairments.
Figueroa v. Kijakazi · filed 2024-08-13(c)
Given the totality of the record, the Court finds the ALJ gave “careful consideration of the entire record,” including a voluminous medical history, in accordance with the requirements of 20 C.F.R. § 416.920(c). This Court recommends, should this issue be reached, a finding that substantial evidence supports the ALJ’s conclusion that Figueroa’s condition did not meet the listing criteria for a vision-related condition; and the ALJ’s evaluation of Figueroa’s visual impairments and their relationship to availability of work in subsequent steps of the disability process properly applied the relevant legal standards.Read the full opinion on CourtListener →
Section 416.920(c) defines a severe impairment as one that significantly limits a claimant’s physical or mental ability to do basic work activities, and step two is intended only to screen out de minimis claims.
Salmon v. O'Malley · filed 2024-08-14(c)
At Step 2, “the [Commissioner] . . . considers whether the claimant has a “severe impairment’ which significantly limits his physical or mental ability to do basic work activities.” Berry v. Schweiker, 675 F.2d at 467. A severe impairment is an “impairment or combination of impairments which significantly limits your physical or mental ability to do basic work activities.” 20 C.F.R. § 416.920(c). “Step Two may do no more than screen out de minimis claims.” Dixon v. Shalala, 54 F.3d 1019, 1030 (2d Cir. 1995); see also Pulos v. Comm’r of Soc. Sec., 346 F. Supp. 3d 352, 358 (W.D.N.Y. 2018) (explaining that the de minimis standard “is meant only to screen out the weakest of claims”). However, “the ‘mere presence of a disease or impairment, or establishing that a person has been diagnosed or treated for a disease or impairment’ is not, by itself, sufficient to render a condition ‘severe.’” Taylor v. Astrue, 32 F. Supp. 3d 253, 265 (N.D.N.Y. 2012) (quoting Coleman v. Shalala, 895 F. Supp. 50, 53 (S.D.N.Y. 1995)).Read the full opinion on CourtListener →
At step two, § 416.920(c) directs a finding of not disabled unless the claimant has a severe impairment that significantly limits the ability to perform basic work activities.
GARRICK v. O'MALLEY · filed 2024-08-26(c)
2. If claimant is found not to have a severe impairment which significantly limits her physical or mental ability to do basic work activity, a finding of not disabled is directed. Otherwise proceed to Step 3. See 20 C.F.R. § 416.920(c). ... This court finds that the decision is supported by substantial evidence, and the ALJ did not err. ... Since the ALJ provided a sufficient explanation, supported by the record, as to the weight he was attributing to the evidence relevant to assessing Plaintiff’s big toe impairment, substantial evidence supports the ALJ’s findings. He applied the proper legal standards in concluding that Plaintiff was not disabled; therefore, there is no basis for reversal or remand.Read the full opinion on CourtListener →
Section 416.920 requires the ALJ at step two to determine whether a claimant has a medically determinable impairment and, if so, whether it is severe—meaning it has more than a minimal effect on the ability to work.
Malcomb v. O'Malley · filed 2024-09-24(a)(4)(ii), (c)
At step two, the ALJ determines whether the claimant suffers from a “severe” impairment, i.e., one that significantly limits his physical or mental ability to do basic work activities. This involves a two-step process: 1) determining whether the claimant has a medically determinable impairment and 2), if so, determining whether the impairment is severe. To be severe, the medical evidence must establish that the impairment would have more than a minimal effect on the claimant’s ability to work.Read the full opinion on CourtListener →
Notes 1801–1950 of 2,028, oldest cases first.
Which of these rulings fit your facts?
Describe your situation under 20 C.F.R. § 416.920. Ezel checks it against the cases on this page and answers with citations.
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