Victor Mondragon v. Michael Astrue

MEMORANDUM

Victor Mondragon appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of his application for Social Security Disability Insurance and Supplemental Security Income under Titles II and XVI of the Social Security Act. We have jurisdiction under 28 U.S.C. § 1291 . We affirm.

Mondragon argues that the Administrative Law Judge (“ALJ”) erred at step two by finding that he was not severely impaired by depression and chronic pain disorder. Any alleged error at step two was harmless because step two was decided in Mondragon’s favor with regard to other ailments. See Burch v. Barnhart, 400 F.3d 676, 682 (9th Cir.2005). Mondragon argues that this became prejudicial error at step four because the ALJ did not consider Mondragon’s depression or chronic pain in determining his residual functional capacity (“RFC”). We disagree. The ALJ specifically stated that he was considering “all symptoms and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence.” The ALJ found that Mondragon’s “mental conditions are medically indeterminable or non-severe” based on Dr. Lyon’s…