CSSA

Gray v. Commissioner of Social Security Administration

Good Law
365 F. App'x 60
United States Court of Appeals for the Ninth CircuitFebruary 8, 201009-35212California1,396 words

Opinion

Opinion

MEMORANDUM

Marita Gray appeals the district court’s affirmance of the Commissioner of Social Security’s denial of her 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 and we affirm.

Gray argues that the ALJ erred at step two by determining certain impairments were nonsevere, but any alleged error was harmless because the ALJ concluded that Gray’s other medical problems were severe impairments. See Burch v. Barnhart, 400 F.3d 676, 682 (9th Cir.2005). Gray argues that this became prejudicial error at step five because the ALJ did not consider her non-severe impairments in determining her residual functional capacity (“RFC”). We disagree. In determining Gray’s RFC, the ALJ stated that she “must consider all symptoms, including pain, and the extent to which these symptoms can reasonably be accepted as consistent with the objective medical evidence and other evidence,” and cited to the perti nent regulations. The ALJ then discussed Gray’s allegations of functional limitations resulting from cognitive problems, pain and physical impairments, and found…

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