Massachi

I. Background

Massachi filed for SSI disability benefits in 1996 based on depression and other problems. In the final step of the five- step inquiry to determine disability,1 the ALJ found that Mas- sachi was not disabled within the meaning of the Social Security Act because he could adjust to other work. The ALJ also assessed Massachi’s residual functional capacity2 and found that Massachi “often” suffered from deficiencies of concentration, persistence, or pace resulting in failure to com- plete tasks in a timely manner. The ALJ relied on the reports of two psychiatrists and the testimony of a vocational expert.

Both Marat Pushin, M.D., and Sohini Parikh, M.D., Mas- sachi’s psychiatrists, diagnosed Massachi with major depres- sion. Both also found that Massachi’s ability to understand, remember, and carry out simple one or two-step instructions was intact. Dr. Pushin found that Massachi’s ability to under- stand, remember, and carry out extensive or complex instruc- tions was impaired and that his ability to maintain concentration and attention throughout the interview was mildly impaired. Dr. Parikh noted that Massachi had a mild to moderate impairment in his ability to…