Janie Misak v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California reviews the Commissioner of Social Security’s denial of Janie Misak’s applications for disability insurance benefits and supplemental security income. The order addresses whether the administrative law judge improperly ended the sequential evaluation at step two by finding that Misak’s impairments were not severe. The court grants Misak’s motion for summary judgment and remands the action pursuant to sentence four of 42 U.S.C. § 405(g).

Holdings

1. The ALJ erred by finding Misak's major depressive disorder and borderline intellectual functioning non-severe because the evidence did not clearly establish that those impairments had no more than a minimal effect on her ability to perform basic work activities.
2. The ALJ erred by finding Misak's urinary incontinence non-severe because the record did not clearly establish that the impairment had no more than a minimal effect on her ability to perform basic work activities.
3. The step-two errors were not harmless because the ALJ ended the sequential evaluation and did not consider the limitations associated with the mental impairments or urinary incontinence in any later step.
4. Remand for further administrative proceedings was warranted rather than an immediate award of benefits.

Questions Presented

1. Whether the ALJ legally erred by finding Misak's major depressive disorder and borderline intellectual functioning non-severe at step two.
2. Whether the ALJ legally erred by finding Misak's urinary incontinence non-severe at step two.
3. Whether the step-two errors were harmless when the ALJ did not consider the alleged mental and physical limitations in any subsequent step of the sequential evaluation.
4. Whether remand for further administrative proceedings, rather than an immediate award of benefits, was appropriate.

Disposition

reversed_and_remanded