Cssa

Delgado v. Commissioner of Social Security Administration

Good Law
500 F. App'x 570
United States Court of Appeals for the Ninth CircuitDecember 11, 201211-16301California388 words

Opinion

Opinion

Frank Delgado appeals the district court’s decision affirming the Commissioner of Social Security’s denial of his application for disability insurance benefits under Title II of the Social Security Act. Delgado alleged disability from post-traumatic stress disorder. At Step 2, the ALJ determined that Delgado’s medically determinable impairments were not severe. Delgado challenges this finding and the ALJ’s treatment of evidence. We conclude that substantial evidence does not support the ALJ’s determination that Delgado’s impairments were not severe and his case could be resolved at Step 2, and instead conclude that the evidence established that Delgado has a severe mental impairment. We reverse and remand the case for the requisite Step-3 analysis.

“[T]he step-two inquiry is a de minimis screening device to dispose of groundless claims.” Smolen v. Chater, 80 F.3d 1273, 1290 (9th Cir.1996). An impairment or combination of impairments can be found “not severe” only if the evidence establishes a slight abnormality that has “no more than a minimal effect on an individuals [sic] ability to work.” Id. at 1290 .

In his findings of fact, the ALJ discussed the opinion of Dr Manzano,…

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