“The ALJ is responsible for determining a claimant’s RFC. 20 C.F.R. § 404.1546(c). When determining the RFC, the ALJ must review all of the relevant evidence and consider each of the claimant's medically determinable impairments whether or not severe. 20 C.F.R. § 404.1545(a)(1), (2).”
“The ALJ did not consider Plaintiff’s mental impairments in the RFC determination. Rather, the record suggests that the ALJ considered Plaintiff’s physical condition to the exclusion of his mental condition in the steps following step two of the analysis.”
The court also found that the ALJ mischaracterized the
evidence. The court remanded the case.
COMMENT
The ALJ must include non-severe impairments in determining
the claimant’s residual functional capacity.
Therefore, in completing Social Security forms, the claimant must detail
all his impairments, even if some of them, considered separately, may appear
“non-severe” in terms of affecting his ability to work.
Aumann v. Commissioner of Social Security, C. A. No. 13-10304
(D. E.D. Mich., S. Div., Jan. 9, 2014).
Available at: http://scholar.google.com/scholar_case?case=8853887695780749313&q=social+security&hl=en&as_sdt=40000003&as_ylo=2014
No comments:
Post a Comment
Thank you for your comment. Comments may be edited. Only general interest comments will be posted. Please do not include personally identifiable information about anyone's actual Social Security case in your comments.