Floyd Spence v. Carolyn Colvin

MEMORANDUM

Floyd Spence appeals the district court’s order affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits under Titles II and XVI of the Social Security Act.

1. The Administrative Law Judge (“ALJ”) did not err in concluding that Spence did not have a severe mental impairment under Step Two. Spence did not assert before the agency that he was disabled based on a mental impairment. Spence’s only reference to a mental limitation was his dyslexia. However, Spence how (and before the district court) argues that the ALJ erred by failing to include the mental limitations suggested in his mother’s statement and allegedly noted in Spence’s medical records. Spence’s mother suggested that Spence was depressed and had short-term memory loss and “sundowners.” However, there is no objective medical evidence to support such suggestions of mental limitations. Further, none of the medical records contained evidence of a mental limitation. Although Spence’s nurse practitioner and the examining physician made comments about Spence talking incessantly, being tangential, and having fixated thinking, none of these comments suggest that…