LaDonna Smith v. Frank Bisignano, Commissioner, Social Security Administration

Summary

This proposed findings and recommended disposition addresses LaDonna Smith’s appeal from the Social Security Commissioner’s denial of disability insurance benefits and supplemental security income. The magistrate judge concludes that substantial evidence supports the ALJ’s determination that Smith could perform her past relevant work and that the ALJ did not commit legal error in evaluating her mental impairments or fibromyalgia. The magistrate judge recommends affirming the Commissioner’s decision and dismissing the complaint with prejudice.

Holdings

1. Mild limitations identified under the paragraph B criteria at steps two and three do not, by themselves, require the ALJ to include mental limitations in the step-four or step-five RFC assessment.
2. Substantial evidence supported the ALJ's finding that Smith's PTSD and anxiety did not cause more than minimal limitations in her ability to perform basic mental work activities and therefore were nonsevere.
3. The ALJ did not commit reversible error by finding fibromyalgia nonsevere and by discounting the fibromyalgia component of Dr. Podkova's assessment where the opinion was unsupported and appeared largely based on Smith's allegations.
4. The Commissioner's decision was supported by substantial evidence and was not based on legal error.

Questions Presented

1. Whether substantial evidence supported the ALJ's finding that Smith's PTSD and anxiety caused no more than minimal limitations and were nonsevere.
2. Whether the ALJ was required to include mental limitations in the RFC based solely on mild limitations found under the paragraph B criteria at steps two and three.
3. Whether the ALJ adequately evaluated evidence concerning fibromyalgia and the opinion of Margaret Podkova, Psy.D.
4. Whether the Commissioner's final decision was supported by substantial evidence and free of legal error.

Disposition

other