If you are not doing substantial gainful activity, we will then determine whether you have a medically determinable physical or mental impairment(s) (see § 416.920(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.
[82 FR 5879, Jan. 18, 2017]
Notes of Decisions
Calzada v. ASTURE, 753 F. Supp. 2d 250 (S.D.N.Y. 2010).
· cites it 3× “The ALJ designated plaintiffs diabetes mellitus and hypertension as non-severe within the definition of 20 C.F.R. § 416.921 , because they placed only minimal limitations upon plaintiffs ability to work.”
Debra Rogers v. Comm'r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007).
“…including among other things "walking, standing, sitting, lifting, pushing, pulling, reaching carrying, or handling.” 20 C.F.R. § 416.921 (b).”
Nancy Thomas v. Carolyn Colvin, 826 F.3d 953 (7th Cir. 2016).
“” 20 C.F.R. § 416.921 . The SSA has specified further that a non-severe impairment is “a slight abnormality (or combination of slight abnormalities) that has no more than a minimal effect on the ability to do basic work activities.”
Tomas Delgado v. Margaret H. Heckler, 722 F.2d 570 (9th Cir. 1983).
· cites it 3× “20 C.F.R. § 416.921 . Delgado argues that these regulations allow the Secretary to deny disability benefits solely on a finding that the impairment is not severe medically, even though the claimant may not be able to return to his previous employment or to perform any other…”
Kornecky v. Comm'r of Soc. Sec., 167 F. App'x 496 (6th Cir. 2006).
“20 C.F.R. § 416.921 . Because Kornecky claims multiple impairments, the Commissioner must consider whether their combined effect can be expected to be severe for at least twelve months.”
Marie McDaniel v. Otis R. Bowen, 800 F.2d 1026 (11th Cir. 1986).
“He found that McDaniel does not have any impairment which significantly impairs her ability to perform basic work-related activities, and therefore does not have a severe impairment under 20 C.F.R. § 416.921 . He also found that McDaniel was not under a disability as defined by…”
Long v. Apfel, 1 F. App'x 326 (6th Cir. 2001).
· cites it 2× “920 (c); see also 20 C.F.R. § 416.921 . An “impairment must result from anatomical, physiological, or psychological abnormalities which can be shown by medically acceptable clinical and laboratory diagnostic techniques.”
Luevenia Davis v. Margaret M. Heckler, 759 F.2d 432 (5th Cir. 1985).
· cites it 2× “” See 20 C.F.R. § 416.921 (defining nonsevere impairment as one that “does not significantly limit [the claimant’s] physical or mental abilities to do basic work activities”).”
20 C.F.R. § 416.921(a): 3 cases
20 C.F.R. § 416.921(b)(1): 1 case
20 C.F.R. § 416.921(c): 1 case
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