Lisa McGee v. Michael Astrue

MEMORANDUM

Appellant Lisa McGee (Ms. McGee), on behalf of her deceased spouse Darrin McGee (McGee), challenges the district court’s judgment upholding Appellee Commissioner of Social Security’s (Commissioner) determination that McGee was not disabled.

1. Any error made by the Administrative Law Judge (ALJ) in omitting chronic pain, chronic fatigue, and anemia from the list of McGee’s impairments was harmless because the ALJ considered those limitations when determining McGee’s Residual Functional Capacity (RFC). See Lewis v. Astrue, 498 F.3d 909, 911 (9th Cir.2007), as amended. The record establishes that the ALJ reviewed all the evidence before him in considering McGee’s functional limitations.

2. The ALJ did not err in determining that McGee’s kidney and cardiac conditions were non-severe, or in its consideration of any limitations caused by these impairments. The ALJ considered all relevant evidence regarding McGee’s kidney and cardiac conditions, and “the medical record does not establish any work-related limitations as a result of [these] impairments.” Carmickle v. Commr., Soc. Sec. Admin., 533 F.3d 1155, 1165 (9th Cir.2008) (citation omitted).

3. The ALJ provided clear…