McLeod

ORDER

Appellee’s petition for rehearing is granted in part and denied in part.

The opinion filed on December 16, 2010 and amended February 4, 2011 is amended as follows:

At 2207-8 of the amended slip opinion, strike the following two sentences:

The amended opinion is filed concurrently with this Order. No further petitions for rehearing or petitions for rehearing en banc will be entertained.

OPINION

We address harmless error in the context of Social Security disability.

I. Facts

Gene R. McLeod applied at age 51 for supplemental security income based on disability. The Administrative Law Judge (ALJ) found that he had three severe impairments — degenerative changes of the lumbar spine, history of coronary artery disease, and sleep apnea — but none so severe as to rise to the level of “listed” impairments. He lacked significant protrusion or herniation of the discs or compression of the nerve root where there was narrowing at L4-5, and catheterization had restored him to asymptomatic condition regarding his heart. The ALJ found that McLeod’s medically determinable impairments could be expected to produce his symptoms, but his “statements concerning intensity, duration and…