(SS) Garcia v. Commissioner of Social Security

I. DISCUSSION

5 A. Legal Standards 6 If a claimant has a medically determinable impairment (MDI), the ALJ must determine 7 “whether [the] impairment(s) is severe,” which is referred to as Step Two. 20 C.F.R. § 404.1521. 8 A “severe” impairment is “any impairment or combination of impairments which significantly 9 limits [a claimant’s] physical or mental ability to do basic work activities.” 20 C.F.R. 10 § 404.1520(c). The “ability to do basic work activities,” in turn, is defined as “the abilities and 11 aptitudes necessary to do most jobs.” 20 C.F.R. § 404.1522(b). 12 The Ninth Circuit has provided the following guidance regarding whether medically 13 determinable impairments are severe under Step Two: 14 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.” [Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir. 1996)] (internal quotation marks omitted) (emphasis added); see Yuckert v. Bowen, 841 F.2d 303, 306 (9th Cir. 1988). The Commissioner has stated that “[i]f an adjudicator is unable to determine clearly the…