Brad Belknap v. Michael Astrue

Good Law
364 F. App'x 353
United States Court of Appeals for the Ninth CircuitFebruary 4, 201009-35223California833 words

Opinion

Opinion

MEMORANDUM

Brad Belknap appeals the district court’s judgment affirming the Commissioner of Social Security’s denial of Belk-nap’s application for Social Security Disability insurance benefits under Title II of the Social Security Act. In his application, Belknap alleged disability beginning in 2002 due to degenerative disc disease, depression, anxiety, and post-traumatic stress disorder (“PTSD”). We have juris diction under 28 U.S.C. § 1291 and we affirm.

Belknap argues that the ALJ erred by not concluding at step two that he was severely impaired by PTSD and migraines. If there was error in this respect, it was at most harmless error because the ALJ extensively discussed the medical evidence when determining Belknap’s residual functional capacity (“RFC”). See Burch v. Barnhart, 400 F.3d 676, 682 (9th Cir.2005). In determining the RFC, the ALJ properly considered functional limitations and restrictions arising from all of Belknap’s medically determinable impairments. See Robbins v. Soc. Sec. Admin., 466 F.3d 880, 883 (9th Cir.2006). Belknap’s purported migraines were not a medically determinable impairment because there was no medical diagnosis and the only assessment of…

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