Tammy A. v. Frank Bisignano

Summary

This Report and Recommendation addresses a Social Security claimant’s challenge under 42 U.S.C. § 405(g) to an administrative denial of disability benefits. The court analyzes whether the ALJ properly evaluated vestibular migraines, medical equivalence to Listing 11.02B, the residual functional capacity, and depression and anxiety. The excerpt concludes that the ALJ did not err in evaluating the migraines and that substantial evidence supported the related findings.

Holdings

1. The ALJ did not err by failing to specifically compare Plaintiff's impairments to Listing 11.02B because Plaintiff did not present that equivalency argument to the ALJ, and she did not meet her burden of showing that her migraines were medically equivalent to the listing.
2. The ALJ committed reversible error by failing to discuss Plaintiff's medically determinable mental impairments in the RFC assessment or explain why they imposed no functional limitations, even though the ALJ correctly found those impairments non-severe at step two.

Questions Presented

1. Whether the ALJ adequately evaluated Plaintiff's vestibular migraines at step three and properly accounted for migraine-related limitations in the RFC.
2. Whether substantial evidence supported the ALJ's finding that Plaintiff's depression and anxiety were non-severe.
3. Whether the ALJ committed reversible error by failing to discuss Plaintiff's non-severe mental impairments in the RFC assessment.

Disposition

reversed_and_remanded