20 C.F.R. § 404.1521
Establishing that you have a medically determinable impairment(s)
If you are not doing substantial gainful activity, we will then determine whether you have a medically determinable physical or mental impairment(s) (see § 404.1520(a)(4)(ii)). Your impairment(s) must result from anatomical, physiological, or psychological abnormalities that can be shown by medically acceptable clinical and laboratory diagnostic techniques. Therefore, a physical or mental impairment must be established by objective medical evidence from an acceptable medical source. We will not use your statement of symptoms, a diagnosis, or a medical opinion to establish the existence of an impairment(s). After we establish that you have a medically determinable impairment(s), then we determine whether your impairment(s) is severe.
Notes of Decisions
Cited in 2,297
cases (1,244 in the last 5 years), 1981–2026 · leading case: Carl Edlund v. Larry G. Massanari, Acting Comm'r of Soc. Sec., 253 F.3d 1152 (9th Cir. 2001).
Carl Edlund v. Larry G. Massanari, Acting Comm'r of Soc. Sec., 253 F.3d 1152 (9th Cir. 2001). “” 20 C.F.R. § 404.1521 (a). “Basic work activities” are defined as including such capabilities as use of judgment, 20 C.”
Bowen v. Yuckert, 482 U.S. 137 (1987). “" 20 CFR § 404.1521 (a) (1986). "Basic work activities," the regulation says, include "walking, standing, sitting, lifting, pulling, reaching, carrying, or handling[,] .”
Joseph Bustamante v. Larry G. Massanari, Acting Comm'r of the Soc. Sec. Admin., 262 F.3d 949 (9th Cir. 2001). “The ALJ found that Bustamante suffered from diabetes mellitus and had a history of pulmonary tuberculosis, but that these conditions did not constitute a severe physical impairment, as defined by 20 C.F.R. §§ 404.1521 , 416.921, because the former was not severe and the latter…”
Mickey C. Webb v. Jo Anne B. Barnhart, Comm'r, Soc. Sec. Admin., 433 F.3d 683 (9th Cir. 2005). “” 20 C.F.R. § 404.1521 (b). For purposes of Webb’s petition, the most relevant activities include the ability to perform “physical functions such as walking, sitting, lifting, pushing, pulling, reaching, carrying, or handling.”
Germany-Johnson v. Comm'r of Soc. Sec., 313 F. App'x 771 (6th Cir. 2008). “Commissioner of Social Security two basic work activities under 20 C.F.R. § 404.1521 , and who recommended a further neurological evaluation of Germany-Johnson.”
Wall v. Astrue, 561 F.3d 1048 (10th Cir. 2009). “See 20 C.F.R. § 404.1521 . At step three, the ALJ considers whether a claimant's medically severe impairments are equivalent to a condition "listed in the appendix of the relevant disability regulation.”
Grogan v. Barnhart, 399 F.3d 1257 (10th Cir. 2005). “” 20 C.F.R. § 404.1521 ., The ALJ’s decision did not treat Grogan’s testimony at his hearing in much depth, nor did it engage Grogan’s argument that, on the basis of the same medical evidence, the Veterans’ Administration had found him to be significantly disabled from a slipped…”
Langley v. Barnhart, 373 F.3d 1116 (10th Cir. 2004). “2d 119 (1987); 20 C.F.R. § 404.1521 . After considering the medical evidence and conducting a hearing, the ALJ found that claimant had not met this burden.”
Kirby v. Astrue, 500 F.3d 705 (8th Cir. 2007). “, concurring); 20 C.F.R. § 404.1521 (a). . If the impairment would have no more than a minimal effect on the claimant’s ability to work, then it does not satisfy the requirement of step two.”
Hans Schink v. Comm'r of Soc. Sec., 935 F.3d 1245 (11th Cir. 2019). “We agree with Schink that substantial evidence did not support the ALJ's finding that Schink's mental impairments-most notably his bipolar disorder-were non-severe as defined by 20 C.F.R. § 404.1521 We also conclude that the ALJ erred by failing to consider Schink's mental…”
Orn v. Astrue, 495 F.3d 625 (9th Cir. 2007). “See 20 C.F.R. § 404.1521 ; Webb v. Barnhart, 433 F.”
Jose E. Carrillo Marin v. Sec'y of Health & Human Servs., 758 F.2d 14 (1st Cir. 1985). “See also 20 C.F.R. § 404.1521 (a). Basic work activities are the abilities and aptitude necessary to do most jobs.”
— 20 C.F.R. § 404.1521(a) — 22 cases
Clidy M. Davis v. Jo Anne B. Barnhart, 186 F. App'x 965 (11th Cir. 2006).
Robin Gasaway v. Kenneth S. Apfel, Comm'r, Soc. Sec. Admin., 187 F.3d 840 (8th Cir. 1999).
Boucher v. Astrue, 371 F. App'x 917 (10th Cir. 2010).
Betty J. Aplet v. Sec'y of Health & Human Servs., 980 F.2d 729 (6th Cir. 1992).
Royce v. Dep't of Health & Human Servs., 615 F. Supp. 1211 (D. Utah 1985).
— 20 C.F.R. § 404.1521(b) — 8 cases
James D. WEAVER, Plaintiff-Appellant, v. Sec'y OF HEALTH & HUMAN Servs., Defendant-Appellee, 722 F.2d 310 (6th Cir. 1983).
Dixon v. Heckler, 589 F. Supp. 1494 (S.D.N.Y. 1984).
Oliver v. Labor Comm'n, 2015 UT App 225 (Utah Ct. App. 2015).
Street v. Comm'r of Soc. Sec., 390 F. Supp. 2d 630 (E.D. Mich. 2005).
Anderson v. Schweiker, 558 F. Supp. 654 (D.S.D. 1983).
— 20 C.F.R. § 404.1521(b)(1) — 1 case
Parrilla-Fuentes v. SHHS (1st Cir. 1994).
— 20 C.F.R. § 404.1521(c) — 3 cases
Thompson v. Kijakazi (E.D. Pa. 2022).
Swain v. Kijakazi, Acting Comm'r, Soc. Sec. Admin. (E.D. Pa. 2022).
Darrell Vick v. Sec'y of Health & Human Servs., 818 F.2d 867 (6th Cir. 1987).
— 20 C.F.R. § 404.1521(d) — 2 cases
Wheeler v. Berryhill (D.S.D. 2017).
Wheeler v. Berryhill (D.S.D. 2017).
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