Somore Parker-Farmer v. Frank J. Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of North Carolina reviewed the denial of Somore Parker-Farmer’s application for supplemental security income. The court adopted the magistrate judge’s memorandum and recommendation, held that any failure by the Administrative Law Judge to expressly discuss the Paragraph B criteria was harmless, and affirmed the Commissioner’s decision. The court directed the clerk to close the case.

Holdings

1. The ALJ erred by failing to articulate whether plaintiff lacked the Paragraph A criteria, Paragraph B criteria, or both, and by failing to specifically discuss the Paragraph B criteria.
2. The ALJ's failure to specifically discuss the Paragraph B criteria was harmless because plaintiff identified no record evidence supporting an extreme limitation in one area or marked limitations in two areas of mental functioning, and therefore failed to show prejudice.
3. The Commissioner's final decision denying benefits is affirmed, and the magistrate judge's M&R is adopted.

Questions Presented

1. Whether the ALJ's failure to expressly rate plaintiff's limitations in each of the four Paragraph B areas for the intellectual-disorder and autism listings required reversal or remand.
2. Whether the ALJ's failure to articulate specific Paragraph B findings was harmless error because the record contained no evidence supporting extreme or marked limitations.
3. Whether the magistrate judge's M&R should be adopted and the Commissioner's denial of benefits affirmed.

Disposition

affirmed