Danny Ferguson v. Martin O'Malley

Bad Law
95 F.4th 1194
United States Court of Appeals for the Ninth CircuitMarch 14, 202421-35412California5,397 words

Opinion

Opinion

I. Background

To determine whether a claimant is disabled, the ALJ follows a five-step process. 20 C.F.R. § 416.920(a)(4). At step two of the disability analysis, the ALJ must determine whether the claimant has any “severe medically determinable” impairments. 20 C.F.R. § 416.920(a)(4)(ii). A “severe impairment” is one that significantly limits a claimant’s ability to perform basic work activities. 20 C.F.R.

FERGUSON V. O’MALLEY

§ 416.920(c). After reviewing Ferguson’s testimony and the medical record, the ALJ determined that Ferguson has multiple severe medically determinable impairments, including a history of epilepsy, Arnold-Chiari malformation type I, headaches, a depressive disorder, borderline intellectual functioning, a specified learning disorder with impairment in reading and math, and a mild neurocognitive disorder. The Arnold-Chiari malformation diagnosis means that part of Ferguson’s brain bulges into his vertebral canal. In 2015, Ferguson underwent surgery to treat the malformation. At his hearing before the ALJ, Ferguson presented medical records that demonstrate he has experienced headaches since he was a child, including prolonged weekly…

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