Opinions and documents
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF MICHIGAN
NORTHERN DIVISION
SHIRLEY S.,
Plaintiff, Case No. 1:25-cv-13219
v.
Patricia T. Morris
COMMISSIONER OF SOCIAL United States Magistrate Judge
SECURITY,
Defendant.
/
MEMORANDUM OPINION AND ORDER ON
CROSS-MOTIONS FOR SUMMARY JUDGMENT (ECF Nos. 11, 12)
I. CONCLUSION
For the reasons set forth below, Plaintiff Shirley S.’s motion for summary
judgment will be DENIED (ECF No. 11), Defendant the Commissioner of Social
Security’s motion for summary judgment will be GRANTED (ECF No. 12), and the
final decision of the Administrative Law Judge (ALJ) will be AFFIRMED.
II. DISCUSSION
A. Introduction and Procedural History
On February 3, 2023, Plaintiff applied for disability insurance benefits,
alleging she became disabled on January 25, 2023. (ECF No. 6-1, PageID.83). The
Commissioner initially denied Plaintiff’s application on October 27, 2023, and on
reconsideration on January 22, 2024. (Id.). Plaintiff then requested a hearing before
an ALJ, which was held on July 29, 2024. (Id. at PageID.35‒58). The ALJ issued
a written decision on October 4, 2024, finding Plaintiff was not disabled. (Id. at
PageID.80‒97). Following the ALJ’s decision, Plaintiff requested review from the
Appeals Council, which denied her request on August 14, 2025. (Id. at PageID.21‒
25).
Following the Appeals Council’s denial of review, Plaintiff sought judicial
review on October 12, 2025. (ECF No. 1). The parties consented to the Undersigned
“conducting any or all proceedings in this case, including entry of a final judgment
and all post-judgment matters.” (ECF No. 8). Before the Court are the parties’
cross-motions for summary judgment (ECF Nos. 11, 12) as well as Plaintiff’s
response to the Commissioner’s motion (ECF No. 14).
B. Standard of Review
District courts have jurisdiction to review the Commissioner’s final
administrative decisions pursuant to 42 U.S.C. § 405(g). The review is restricted
solely to determining whether “the Commissioner has failed to apply the correct
legal standards or has made findings of fact unsupported by substantial evidence in
the record.” Sullivan v. Comm’r of Soc. Sec., 595 F. App’x 502, 506 (6th Cir. 2014)
(citation modified). Substantial evidence is “more than a scintilla of evidence but
less than a preponderance.” Rogers v. Comm’r of Soc. Sec., 486 F.3d 234, 241 (6th
Cir. 2007) (citation modified). “[T]he threshold for such evidentiary sufficiency is
not high.” Biestek v. Berryhill, 587 U.S. 97, 103 (2019). “It means—and means
only—such relevant evidence as a reasonable mind might accept as adequate to
support a conclusion.” Id. (citation modified).
A district court must examine the administrative record as a whole, and may
consider any evidence in the record, regardless of whether it has been cited by the
ALJ. See Walker v. Sec’y of Health & Hum. Servs., 884 F.2d 241, 245 (6th Cir.
1989). Courts will “not try the case de novo, nor resolve conflicts in the evidence,
nor decide questions of credibility.” Cutlip v. Sec’y of Health & Hum. Servs.,
25 F.3d 284, 286 (6th Cir. 1994). “If the [Commissioner’s] decision is supported by
substantial evidence, it must be affirmed even if the reviewing court would decide
the matter differently and even if substantial evidence also supports the opposite
conclusion.” Id. (citation modified).
C. Framework for Disability Determinations
Disability benefits are available only to those with a “disability.” Colvin v.
Barnhart, 475 F.3d 727, 730 (6th Cir. 2007). “Disability” means the inability “to
engage in any substantial gainful activity by reason of any medically determinable
physical or mental impairment which can be expected to result in death or which has
lasted or can be expected to last for a continuous period of not less than twelve
months.” 42 U.S.C. § 1382c(a)(3)(A).
The Commissioner’s regulations provide that disability is to be determined
through the application of a five-step sequential analysis:
(i) At the first step, [the ALJ] consider[s] [the claimant’s] work activity,
if any. If [the claimant is] doing substantial gainful activity, [the ALJ]
will find that [the claimant is] not disabled.
(ii) At the second step, [the ALJ] consider[s] the medical severity of
[the claimant’s] impairment(s). If [the claimant] do[es] not have a
severe medically determinable physical or mental impairment that
meets the duration requirement . . . or a combination of impairments
that is severe and meets the duration requirement, [the ALJ] will find
that [the claimant is] not disabled.
(iii) At the third step, [the ALJ] also consider[s] the medical severity of
[the claimant’s] impairment(s). If [the claimant has] an impairment(s)
that meets or equals one of [the] listings in appendix 1 of this subpart
and meets the duration requirement, [the ALJ] will find that [the
claimant is] disabled.
(iv) At the fourth step, [the ALJ] consider[s] [his or her] assessment of
[the claimant’s] residual functional capacity and . . . past relevant work.
If [the claimant] can still do . . . past relevant work, [the ALJ] will find
that [the claimant is] not disabled.
(v) At the fifth and last step, [the ALJ] consider[s] [his or her]
assessment of [the claimant’s] residual functional capacity and . . . age,
education, and work experience to see if [the claimant] can make an
adjustment to other work. If [the claimant] can make an adjustment to
other work, [the ALJ] will find that [the claimant is] not disabled. If
[the claimant] cannot make an adjustment to other work, [the ALJ] will
find that [the claimant is] disabled.
20 C.F.R. § 404.1520(4); see also Heston v. Comm’r of Soc. Sec., 245 F.3d 528, 534
(6th Cir. 2001).
“Through step four, the claimant bears the burden of proving the existence
and severity of limitations caused by [his or] her impairments and the fact that [he
or] she is precluded from performing [his or] her past relevant work.” Jones v.
Comm’r of Soc. Sec., 336 F.3d 469, 474 (6th Cir. 2003). The claimant must provide
evidence establishing his or her RFC, which “is the most [the claimant] can still do
despite [his or her] limitations,” and is assessed using “all the relevant evidence in
[the] case record.” 20 C.F.R. §§ 404.1545(a)(1), 416.945(a)(1).
The burden transfers to the Commissioner if the analysis reaches the fifth step
without a finding that the claimant is not disabled. Combs v. Comm’r of Soc. Sec.,
459 F.3d 640, 643 (6th Cir. 2006). At the fifth step, the Commissioner is required
to show that “other jobs in significant numbers exist in the national economy that
[the claimant] could perform given [his or] her RFC and considering relevant
vocational factors.” Rogers, 486 F.3d at 214 (citing 20 C.F.R. §§ 416.920(a)(4)(v),
(g)).
D. ALJ Findings
Following the five-step sequential analysis, the ALJ determined Plaintiff was
not disabled.
At step one, the ALJ found Plaintiff had not engaged in substantial gainful
activity since her alleged onset date of January 25, 2023. (ECF No. 6-1, PageID.85).
At step two, the ALJ found the following severe impairments: degenerative
disc disease of the cervical spine; chronic obstructive pulmonary disease (COPD);
degenerative changes of the left hip; and hypertension. (Id. at PageID.86). At step
three, the ALJ found none of the impairments, either independently or in
combination, met or medically equaled in severity or duration the criteria of any
listing. (Id. at PageID.87).
Next, the ALJ found Plaintiff had the RFC
to perform light work as defined in 20 CFR 404.1567(b) except she can
occasionally climb ramps and stairs, balance, stoop, kneel and crouch.
She cannot crawl. She can never climb ladders, ropes or scaffolds. She
should avoid workplace hazards such as unprotected heights and
dangerous moving mechanical parts. She should avoid more than
occasional exposure to pulmonary irritants such as dusts, odors, toxins
and fumes. She should avoid more than occasional exposure to extreme
heat and/or cold or humidity and/or wetness.
(Id. at PageID.88).
At step four, the ALJ found that Plaintiff was unable to perform any past
relevant work. (Id. at PageID.91). However, at step five, the ALJ found other jobs
in the national economy that Plaintiff could perform. (Id.). Specifically, the ALJ
found Plaintiff could perform the requirements of an information clerk (69,000 jobs
in the national economy), a marker (59,000), and a mail sorter (21,000). (Id. at
PageID.92). Thus, the ALJ concluded Plaintiff was not disabled. (Id.).
E. Administrative Record
On appeal, Plaintiff argues that the ALJ erred at step two when she found
Plaintiff’s mental impairments to be non-severe. Plaintiff further argues that this
error permeated the remainder of the decision including the RFC finding. While the
Court has reviewed the entire record, it will only summarize the evidence relevant
to Plaintiff’s arguments.
The bulk of Plaintiff’s medical records concern her physical impairments,
which are not at issue on appeal. At a February 9, 2023 visit with her primary care
provider (PCP), Plaintiff’s screenings (PHQ-2 and PHQ-9) were positive for
depression. (ECF No. 6-1, PageID.499). Her PCP noted: “Patient is very upset due
to not being able to work and cannot make dinner. Patient is upset because she has
to ask her husband for money, and she has never not worked.” (Id. at PageID.497).
Buspar1 was prescribed to manage Plaintiff’s mood-related symptoms. (Id. at
PageID.501).
On March 2, it was noted that Plaintiff’s anxiety and mood were stable on
Buspar. (Id. at PageID.495). A week later, Plaintiff told her PCP that she “feels
depressed and frustrated” about her abdominal pain but Plaintiff’s depression
screening (PHQ-2) was negative. (Id. at PageID.488–89). In late March, Plaintiff’s
PCP noted: “P[laintiff] states (anxiety) is doing ok . . . she doesn’t take her
medications like she’s supposed to but she’s doing ok. P[laintiff] states that she is
not depressed but to listen to her speak, she sounds otherwise. P[laintiff] states that
she doesn’t need to take depression test because she is not depressed.” (Id. at
1 “Buspirone is used to treat certain anxiety disorders or to relieve the symptoms of
anxiety.” https://www.mayoclinic.org/drugs-supplements/buspirone-oral-
route/description/drg-20062457 (last visited Sept. 2, 2026).
PageID.481). When pushed, Plaintiff reiterated that she was not depressed and was
instead “just frustrated and sad at change in life since hyst[erectomy].” (Id. at
PageID.483 (capitalization modified)). And in May 2023, Plaintiff’s PCP stated:
“No depression; No anxiety.” (Id. at PageID.465). Plaintiff’s May 4 and 18
depression screenings (PHQ-2) were negative. (Id. at PageID.460, 466).
On July 27, Plaintiff’s PCP provided her with a “community resource list and
encouraged to call for therapist to discuss feelings of PTSD following
hyst[erectomy] . . . .” (Id. at PageID.662). For an October 2023 visit, her PCP again
noted: “No depression; No anxiety.” (Id. at PageID.769). And in December 2023,
it was noted that Plaintiff still needed to “[f]ollow up with counseling.” (Id. at
PageID.764). Plaintiff’s depression screenings (PHQ-2) were negative on January
18 and April 4, 2024. (Id. at PageID.852, 857).
On April 19, 2024, Plaintiff underwent an evaluation for mental health
services with St. Clair County Community Mental Health. (Id. at PageID.832).
When she called to schedule the evaluation, Plaintiff reported that her PCP had
prescribed her Buspar but she no longer felt that it was effective. (Id. at PageID.835).
And at the evaluation, she reported:
A friend noticed a change in [Plaintiff] since she had a hysterectomy in
8/2022. She has had pain since her partial hysterectomy. They left the
cervix only and likely has scar tissue that is causing immense pain.
[Plaintiff] cannot clean herself, do her hair, cook her food, and cannot
have sex anymore. Her sleep is interrupted by pain and she is also
having menopause symptoms. [Plaintiff] lost her insurance temporarily
but has finally regained it. She doesn’t like to go outside. [Plaintiff]
feels exposed and vulnerable. She admits she is not happy with her life
or her body. She has never had a stomach bulge before as she was
always thin. [Plaintiff] went from being extremely independent to
totally dependent upon the help of others.
(Id.). The evaluator noted that Plaintiff “look[ed] rumpled with fair hygiene” but
was “responsive with an agreeable attitude” and “presented as an attentive person
with fair judgment.” (Id. at PageID.839–41). Plaintiff’s mood “was depressed and
hopeless,” she had decreased energy, and her ability to socially interact was
impaired. (Id. at PageID.840–42). The evaluator determined that Plaintiff met the
criteria for posttraumatic stress disorder (PTSD), moderate major depressive
disorder, and generalized anxiety disorder, and recommended she begin receiving
outpatient services. (Id. at PageID.842–44). A records release form from St. Clair
County Community Mental Health states: “1/25/23 to 4/26/24 specifically
requested. Noted: Services JUST started 4/19/24. Only the initial Assessment has
been done at this time.” (Id. at PageID.831).
At the July 29, 2024 hearing, Plaintiff testified that she received her diagnoses
of PTSD, anxiety, and depression a few months earlier. (Id. at PageID.47). Her
symptoms included forgetfulness, extreme difficulty with focus, discomfort around
other people, and feelings of worthlessness. (Id. at PageID.48–50). Plaintiff had
recently been prescribed Prazosin to help with her symptoms. (Id. at PageID.48).
She spent most days watching TV. (Id.). Other evidence is discussed as relevant
below.
F. Governing Law
The ALJ must “consider all evidence” in the record when making a disability
decision. 42 U.S.C. § 423(d)(5)(B). The regulations, applicable to applications for
disability benefits filed on or after the effective date of March 27, 2017, such as
Plaintiff’s application here, distinguish between acceptable medical sources,
medical sources, and nonmedical sources. An acceptable medical source means a
medical source who is a:
(1) Licensed physician (medical or osteopathic doctor);
(2) Licensed psychologist, which includes:
(i) A licensed or certified psychologist at the independent
practice level; or
(ii) A licensed or certified school psychologist, or other licensed
or certified individual with another title who performs the
same function as a school psychologist in a school setting, for
impairments of intellectual disability, learning disabilities,
and borderline intellectual functioning only;
(3) Licensed optometrist for impairments of visual disorders, or
measurement of visual acuity and visual fields only, depending on
the scope of practice in the State in which the optometrist practices;
(4) Licensed podiatrist for impairments of the foot, or foot and ankle
only, depending on whether the State in which the podiatrist
practices permits the practice of podiatry on the foot only, or on the
foot and ankle;
(5) Qualified speech-language pathologist for speech or language
impairments only. For this source, qualified means that the speech-
language pathologist must be licensed by the State professional
licensing agency, or be fully certified by the State education agency
in the State in which he or she practices, or hold a Certificate of
Clinical Competence in Speech-Language Pathology from the
American Speech-Language-Hearing Association;
(6) Licensed audiologist for impairments of hearing loss, auditory
processing disorders, and balance disorders within the licensed
scope of practice only . . . ;
(7) Licensed Advanced Practice Registered Nurse, or other licensed
advanced practice nurse with another title, for impairments within
his or her licensed scope of practice . . . ; or
(8) Licensed Physician Assistant for impairments within his or her
licensed scope of practice . . . .
20 C.F.R. § 404.1502(a) (2021). A medical source is
an individual who is licensed as a healthcare worker by a State and
working within the scope of practice permitted under State or Federal
law, or an individual who is certified by a State as a speech-language
pathologist or a school psychologist and acting within the scope of
practice permitted under State or Federal law.
Id. § 404.1502(d). In contrast, a nonmedical source is “a source of evidence who is
not a medical source.” Id. § 404.1502(e). “This includes, but is not limited to:
(1) [the claimant]; (2) Educational personnel (for example, school teachers,
counselors, early intervention team members, developmental center workers, and
daycare center workers); (3) Public and private social welfare agency personnel; and
(4) Family members, caregivers, friends, neighbors, employers, and clergy.” Id.
The Social Security Administration (SSA) “will not defer or give any specific
evidentiary weight, including controlling weight, to any medical opinion(s) or prior
administrative medical finding(s), including those from [the claimant’s] medical
sources.” Id. § 404.1520c(a). “The most important factors [the SSA] consider[s]
when evaluat[ing] the persuasiveness of medical opinions and prior administrative
medical findings are supportability (paragraph (c)(1) of this section) and consistency
(paragraph (c)(2) of this section).” Id. The SSA will consider several factors when
it contemplates “the medical opinion(s) and prior administrative medical findings”
in a case. Id. § 404.1520c(c).
The first factor is “supportability.” For this factor, “[t]he more relevant the
objective medical evidence and supporting explanations presented by a medical
source are to support his or her medical opinion(s) or prior administrative medical
finding(s), the more persuasive the medical opinion(s) or prior administrative
medical finding(s) will be.” Id. § 404.1520c(c)(1).
The SSA will also consider the “consistency” of the opinion. In essence,
“[t]he more consistent a medical opinion(s) or prior administrative medical
finding(s) is with the evidence from other medical sources and nonmedical sources
in the claim, the more persuasive the medical opinion(s) or prior administrative
medical finding(s) will be.” Id. § 404.1520c(c)(2).
In addition, the SSA will consider the source’s “[r]elationship with the
claimant.” Id. § 404.1520c(c)(3). This factor includes analysis of:
(i) Length of the treatment relationship. The length of time a
medical source has treated [the claimant] may help demonstrate
whether the medical source has a longitudinal understanding of
[the claimant’s] impairment(s);
(ii) Frequency of examinations. The frequency of [the claimant’s]
visits with the medical source may help demonstrate whether the
medical source has a longitudinal understanding of [the
claimant’s] impairment(s);
(iii) Purpose of the treatment relationship. The purpose for treatment
[the claimant] received from the medical source may help
demonstrate the level of knowledge the medical source has of
[the claimant’s] impairment(s);
(iv) Extent of the treatment relationship. The kinds and extent of
examinations and testing the medical source has performed or
ordered from specialists or independent laboratories may help
demonstrate the level of knowledge the medical source has of
[the claimant’s] impairment(s);
(v) Examining relationship. A medical source may have a better
understanding of [the claimant’s] impairment(s) if he or she
examines [the claimant] than if the medical source only reviews
evidence in [the claimant’s] folder.
Id.
The fourth factor of the SSA’s analysis is “specialization.” In making this
determination, the SSA will consider
[t]he medical opinion or prior administrative medical finding of a
medical source who has received advanced education and training to
become a specialist may be more persuasive about medical issues
related to his or her area of specialty than the medical opinion or prior
administrative medical finding of a medical source who is not a
specialist in the relevant area of specialty.
Id. § 404.1520c(c)(4).
Finally, the SSA will consider “other factors.” These may include any other
information that “tend[s] to support or contradict a medical opinion or prior
administrative medical finding.” Id. § 404.1520c(c)(5). Other factors include
“evidence showing a medical source has familiarity with the other evidence in the
claim or an understanding of our disability program’s policies and evidentiary
requirements.” Id. Further, when the SSA considers “a medical source’s familiarity
with the other evidence in a claim, [it] will also consider whether new evidence [it]
receive[s] after the medical evidence source made his or her medical opinion or prior
administrative medical finding makes the medical opinion or prior administrative
medical finding more or less persuasive.” Id.
As to the duty to articulate how persuasive the medical opinions and prior
administrative medical findings are considered, the new regulations provide
“articulation requirements.” The ALJ will consider “source-level articulation.”
Pursuant to this requirement,
[b]ecause many claims have voluminous case records containing many
types of evidence from different sources, it is not administratively
feasible for [the ALJ] to articulate in each determination or decision
how [he or she] considered all of the factors for all of the medical
opinions and prior administrative medical findings in [each] case
record. Instead, when a medical source provides multiple medical
opinion(s) or prior administrative finding(s), [the ALJ] will articulate
how [he or she] considered the medical opinions or prior administrative
findings from that medical source together in a single analysis using the
factors listed in paragraphs (c)(1) through (c)(5) of this section, as
appropriate.
Id. § 404.1520c(b)(1). The regulation reiterates that the ALJ is “not required to
articulate how [he or she] considered each medical opinion or prior administrative
finding from one medical source individually.” Id.
The regulations stress that the “factors of supportability (paragraph (c)(1) of
this section) and consistency (paragraph (c)(2) of this section) are the most important
factors [the SSA] consider[s] when [it] determine[s] how persuasive [it] find[s] a
medical source’s medical opinions or prior administrative medical findings to be.”
Id. § 404.1520c(b)(2). As such, the SSA
will explain how [it] considered the supportability and consistency
factors for a medical source’s medical opinions or prior administrative
medical findings in [the claimant’s] determination or decision. [The
SSA] may, but [is] not required to, explain how [it] considered the
factors in paragraphs (c)(3) through (c)(5) of this section, as
appropriate, when [it] articulate[s] how [it] consider[s] medical
opinions and prior administrative medical findings in [the claimant’s]
case record.
Id.
When medical opinions or prior administrative findings are “equally
persuasive,” “well-supported,” and “consistent with the record” “about the same
issue,” “but are not exactly the same, [the ALJ] will articulate how [he or she]
considered the other most persuasive factors . . . for those medical opinions or prior
administrative medical findings in [the claimant’s] determination or decision.” Id.
§ 404.1520c(b)(3). The regulations clarify that the SSA is “not required to articulate
how [it] considered evidence from nonmedical sources using the requirements of
paragraphs (a)–(c) of this section.” Id. § 404.1520c(d).
In addition, the regulations expressly state that the SSA will not consider
“evidence that is inherently neither valuable nor persuasive” and “will not provide
any analysis about how [it] considered such evidence in [its] determination or
decision, even under § 404.1520c.” Id. § 404.1520b(c). The regulations categorize
evidence that is inherently neither valuable nor persuasive as: “[d]ecisions by other
governmental and nongovernmental entities”; “[d]isability examiner findings,”
meaning “[f]indings made by a State agency disability examiner made at a previous
level of adjudication about a medical issue, vocational issue, or the ultimate
determination about whether [the claimant is] disabled”; and “[s]tatements on issues
reserved to the Commissioner[,]” including
(i) Statements that [the claimant is] or [is] not disabled, blind, able
to work, or able to perform regular or continuing work;
(ii) Statements about whether or not [the claimant has] a severe
impairment(s);
(iii) Statements about whether or not [the claimant’s] impairment(s)
meet the duration requirement . . . ;
(iv) Statements about whether or not [the claimant’s] impairment(s)
meets or medically equals any listing in the Listing of
Impairments . . . ;
(v) Statements about what [the claimant’s] residual functional
capacity is using [the SSA’s] programmatic terms about the
functional exertional levels . . . instead of descriptions about [the
claimant’s] functional abilities and limitations . . . ;
(vi) Statements about whether or not [the claimant’s] residual
functional capacity prevents [the claimant] from doing past
relevant work . . . ;
(vii) Statements that [the claimant] [does] or [does] not meet the
requirements of a medical-vocational rule . . . ; and
(viii) Statements about whether or not [the claimant’s] disability
continues or ends when [the SSA] conduct[s] a continuing
disability review.
Id. § 404.1520b(c)(3).
The regulations also provide that
[b]ecause a decision by any other governmental agency or a
nongovernmental entity about whether [a claimant is] disabled, blind,
employable, or entitled to any benefits is based on its rules, it is not
binding on [the SSA] and is not [its] decision about whether [the
claimant is] disabled or blind under [SSA] rules.
Id. § 404.1504. Therefore, the SSA “will not provide any analysis in [its]
determination or decision about a decision made by any other governmental agency
or a nongovernmental entity about whether [the claimant is] disabled, blind,
employable, or entitled to any benefits.” Id. The SSA will, however, “consider all
of the supporting evidence underlying the other governmental agency or
nongovernmental entity’s decision that [it] receive[s] as evidence in [a] claim . . . .”
Id.
The regulations clarify that “[o]bjective medical evidence means signs,
laboratory findings, or both.” Id. § 404.1502(f). Signs are defined as “one or more
anatomical, physiological, or psychological abnormalities that can be observed,
apart from [the claimant’s] statements (symptoms).” Id. § 404.1502(g). Further,
“[s]igns must be shown by medically acceptable clinical diagnostic techniques.
Psychiatric signs are medically demonstrable phenomena that indicate specific
psychological abnormalities, e.g., abnormalities of behavior, mood, thought,
memory, orientation, development or perception, and must also be shown by
observable facts that can be medically described and evaluated.” Id. Laboratory
findings “means one or more anatomical, physiological, or psychological
phenomena that can be shown by the use of medically acceptable laboratory
diagnostic techniques,” which “include chemical tests (such as blood tests),
electrophysiological studies (such as electrocardiograms and
electroencephalograms), medical imaging (such as X-rays), and psychological
tests.” Id. § 404.1502(c).
The most recent amendments to the regulations also tweaked the manner in
which the SSA evaluates symptoms, including pain:
In determining whether [the claimant is] disabled, [the SSA will]
consider all [the claimant’s] symptoms, including pain, and the extent
to which [the] symptoms can reasonably be accepted as consistent with
the objective medical evidence and other evidence. [The SSA] will
consider all [the claimant’s] statements about [his or her] symptoms,
such as pain, and any description [the claimant’s] medical sources or
nonmedical sources may provide about how the symptoms affect [the
claimant’s] activities of daily living and [his or her] ability to work.
Id. § 404.1529(a). But the SSA clarified that
statements about [the claimant’s] pain or other symptoms will not alone
establish that [the claimant is] disabled. There must be objective
medical evidence from an acceptable medical source that shows [the
claimant has] a medical impairment(s) which could reasonably be
expected to produce the pain or other symptoms alleged and that, when
considered with all of the other evidence (including statements about
the intensity and persistence of [the claimant’s] pain or other symptoms
which may reasonably be accepted as consistent with the medical signs
and laboratory findings), would lead to a conclusion that [the claimant
is] disabled.
Id. Further, “[i]n evaluating the intensity and persistence of [the claimant’s]
symptoms, including pain, [the SSA] will consider all of the available evidence,
including [the claimant’s] medical history, the medical signs and laboratory findings,
and statements about how [the claimant’s] symptoms affect [him or her].” Id. The
SSA will “then determine the extent to which [the claimant’s] alleged functional
limitations and restrictions due to pain or other symptoms can reasonably be
accepted as consistent with the medical signs and laboratory findings and other
evidence to decide how [the claimant’s] symptoms affect [his or her] ability to
work.” Id.
Finally, the SSA noted that “[b]ecause symptoms sometimes suggest a greater
severity of impairment than can be shown by objective medical evidence alone, [it]
will carefully consider any other information [the claimant] may submit about [his
or her] symptoms.” Id. § 404.1529(c)(3). This other information may include “[t]he
information that [the claimant’s] medical sources or nonmedical sources provide
about [the claimant’s] pain or other symptoms,” such as “what may precipitate or
aggravate [the claimant’s] symptoms, what medications, treatments or other
methods [the claimant uses] to alleviate them, and how the symptoms may affect
[the claimant’s] pattern of daily living,” which “is also an important indicator of the
intensity and persistence of [the claimant’s] symptoms.” Id.
Because symptoms, such as pain, are subjective and difficult to
quantify, any symptom-related functional limitations and restrictions
that [the claimant’s] medical sources or nonmedical sources report,
which can reasonably be accepted as consistent with the objective
medical evidence and other evidence, will be taken into account . . . .
[The SSA] will consider all of the evidence presented, including
information about [the claimant’s] prior work record, [the claimant’s]
statements about [his or her] symptoms, evidence submitted by [the
claimant’s] medical sources, and observations by [the SSA’s]
employees and other persons.
Id. Factors relevant to a claimant’s symptoms, such as pain, include:
(i) [D]aily activities;
(ii) The location, duration, frequency, and intensity of . . . pain or
other symptoms;
(iii) Precipitating and aggravating factors;
(iv) The type, dosage, effectiveness, and side effects of any
medication . . . taken to alleviate . . . pain or other symptoms;
(v) Treatment, other than medication, . . . received for relief of . . .
pain or other symptoms;
(vi) Any measures . . . used to relieve . . . pain or other symptoms.
Id.
The new regulations also impose a duty on the claimant: “[i]n order to get
benefits, [the claimant] must follow treatment prescribed by [his or her] medical
source(s) if this treatment is expected to restore [his or her] ability to work.” Id.
§ 404.1530(a). Stated differently, “[i]f [the claimant does] not follow the prescribed
treatment without a good reason, [the SSA] will not find [the claimant] disabled or,
if [the claimant is] already receiving benefits, [the SSA] will stop paying . . .
benefits.” Id. § 404.1530(b). Acceptable (or “good”) reasons for failure to follow
prescribed treatment include:
(1) The specific medical treatment is contrary to the established
teaching and tenets of [the claimant’s] religion;
(2) The prescribed treatment would be cataract surgery for one eye,
when there is an impairment of the other eye resulting in a severe
loss of vision and is not subject to improvement through
treatment;
(3) Surgery was previously performed with unsuccessful results and
the same surgery is again being recommended for the same
impairment;
(4) The treatment because of its magnitude (e.g., open heart
surgery), unusual nature (e.g., organ transplant), or other reason
is very risky for [the claimant]; or
(5) The treatment involves amputation of an extremity, or a major
part of an extremity.
Id. § 404.1530(c).
G. Argument and Analysis
As stated above, Plaintiff argues the ALJ erred at step two when she found
Plaintiff’s mental impairments to be non-severe. Plaintiff further argues that this
error permeated the remainder of the decision including the RFC finding.
1. ALJ’s Step Two Analysis
In the ALJ’s step two analysis, she found Plaintiff had the “medically
determinable mental impairments of major depressive disorder, posttraumatic stress
disorder (PTSD), and anxiety, considered singly and in combination.” (ECF No. 6-
1, PageID.86). However, because these impairments, “considered singly and in
combination, d[id] not cause more than minimal limitation in the claimant’s ability
to perform basic mental work activities,” she found them to be non-severe. (Id.). In
doing so, the ALJ considered the “four broad functional areas [that] are known as
the ‘paragraph B’ criteria”:
The first functional area is understanding, remembering or applying
information. In this area, the claimant has no limitation. Her
intellectual functioning appeared normal at the consultative medical
examination and her recent and remote memory for medical events was
adequate (Exhibit 14F/4). Moreover, evidence shows she is able to
drive, pay bills, count change, handle a savings account and use a
checkbook/money orders. She denied needing help or reminders to take
her medicine (Exhibits 4E; 14F/2).
The next functional area is interacting with others. In this area, the
claimant has mild limitation. She reports anxiety when she is in a
crowd or around people she does not know. However, evidence shows
she is able to live with her husband and spend time with others every
day in person, on the phone, and via video chat (Exhibit 4E). The
claimant also reported doing some shopping (Exhibit 14F/2). Her
attitude at a mental health assessment was noted to be cooperative and
she had good eye contact (Exhibit 19F/10).
The third functional area is concentrating, persisting or maintaining
pace. In this area, the claimant has mild limitation. She alleges
difficulty concentrating. However, evidence shows she is able to drive,
count change, read, and watch TV (Exhibits 4E; 14F/2). Moreover, she
denied difficulty concentrating at exams and was generally noted to be
alert and oriented to person, place and time (e.g. Exhibits 8F/5, 28, 54;
10F/7; 11F/13; 12F/5).
The fourth functional area is adapting or managing oneself. In this area,
the claimant has mild limitation. She alleges she does not handle stress
well. However, she reported mainly physical limitations in her ability
to do her own personal care and denied needing reminders to take care
of personal needs and grooming (Exhibit 4E). In addition, she indicated
at exams that she was able to care for herself and her general appearance
at exams was noted to be normal (e.g. Exhibits 8F/45; 10F/7; 11F/13;
12F/5).
Because the claimant’s medically determinable mental impairments
cause no more than “mild” limitation in any of the functional areas and
the evidence does not otherwise indicate that there is more than a
minimal limitation in the claimant’s ability to do basic work activities,
they are nonsevere (20 CFR 404.1520a(d)(1)).
The limitations identified in the “paragraph B” criteria are not a residual
functional capacity assessment but are used to rate the severity of
mental impairments at steps 2 and 3 of the sequential evaluation
process. The mental residual functional capacity assessment used at
steps 4 and 5 of the sequential evaluation process requires a more
detailed assessment. The following residual functional capacity
assessment reflects the degree of limitation the undersigned has found
in the “paragraph B” mental function analysis.
The State agency psychological consultants’ findings of no limitation
in understanding, remembering or applying information and mild
limitation in interacting with others, concentrating, persisting or
maintaining pace, and adapting or managing oneself are persuasive
(Exhibits 1A; 4A). These prior administrative findings are consistent
with the overall evidence which shows no history of specialized
treatment for mental health symptoms. Moreover, the claimant’s
anxiety was noted to be stable as of March 2023 (Exhibit 8F/26, 40). A
mental health assessment in April 2024 was normal except for a
notation that the claimant had fair judgment (Exhibit 19F11). The State
agency psychological consultants supported their findings with a
detailed description of the evidence.
(Id. at PageID.86–87). The RFC limits Plaintiff to light work but does not contain
additional limitations for Plaintiff’s mental impairments. (Id. at PageID.88).
2. Legal Standard
“A ‘severe impairment’ is a medically determinable impairment that: (1) has
more than a minimal effect on an individual’s ability to perform physical or mental
work; and (2) is ‘expected to result in death [or] to last for a continuous period of at
least 12 months.’” Volbert v. Comm’r of Soc. Sec., No. 3:20-CV-0011, 2020 WL
8458805, at *5 (N.D. Ohio Dec. 14, 2020) (quoting 20 C.F.R. §§ 416.909, 416.922),
report and recommendation adopted, 2021 WL 164218 (N.D. Ohio Jan. 19, 2021).
“The Sixth Circuit has characterized step two of the disability determination process
as a de minimis hurdle.” Martha P. v. Comm’r of Soc. Sec., No. 23-CV-10134,
2023 WL 9501719, at *4 (E.D. Mich. Dec. 11, 2023) (citation modified), report and
recommendation adopted, 2024 WL 393513 (E.D. Mich. Jan. 31, 2024). In other
words, “an impairment can be considered not severe only if it is a slight abnormality
that minimally affects work ability regardless of age, education, and experience.”
Higgs v. Bowen, 880 F.2d 860, 862 (6th Cir. 1988). Nonetheless, a diagnosis alone
“says nothing about the severity of the condition” and it is a plaintiff’s “burden to
prove the severity of her impairments.” Id. at 863. Ultimately, “the question . . . is
whether there is substantial evidence in the record supporting the ALJ’s finding” that
the impairment in question was slight. Farris v. Sec’y of Health & Hum. Servs., 773
F.2d 85, 90 (6th Cir. 1985).
Additionally, “when an ALJ determines that one (or more) of a claimant’s
impairments is severe, the ALJ then proceeds to consider the limitations and
restrictions imposed by all of an individual’s impairments, even those that are not
severe.” Kestel v. Comm’r of Soc. Sec., 756 F. App’x 593, 597 (6th Cir. 2018)
(citation modified). “Thus, because an ALJ considers all of a claimant’s
impairments in the remaining steps of the disability determination, any perceived
failure to find additional severe impairments at step two does not constitute
reversible error.” Id. (citation modified).
3. Application
Here, the ALJ’s finding that Plaintiff’s mental impairments were non-severe
is supported by substantial evidence. As the ALJ explained in the decision, her
finding is consistent with the opinions of both agency reviewers. This case is thus
immediately distinguishable from Martha P., on which Plaintiff relies. In that case,
Chief Magistrate Judge David R. Grand recommended remand after finding errors
in the ALJ’s step two analysis. Martha P., 2023 WL 9501719, at *3–*6. Among
other problems, “the ALJ discounted all of the medical opinions and administrative
findings discussed above, but he failed to sufficiently articulate his reasons for doing
so, and the reasons he did articulate are not supported by substantial evidence.” Id.
Conversely, the ALJ’s finding of non-severity here is consistent with the opinions
of the agency reviewers and, as will be explained, is supported by substantial
evidence.
When Plaintiff’s application was initially denied in August 2023, it was noted
that
[Claimant] does not allege any [mental health (MH)] issues but
[medical evidence of record (MER)] notes anxiety. [Claimant] denies
any depression on multiple occasions in MER. [Claimant] does take
meds for anxiety that is prescribed by PCP but MER notes that she does
not take the meds regularly. While [Claimant] does note issues in
[activities of daily living (ADLs)] they are mostly physical related and
not mental in nature. [Claimant is] not in mental health services and
has never had any in patient psych hospitalizations. MER clearly
supports that severity is not enough to meet any listing. Given overall
information any MH related issue is not severely limiting and therefore
deemed non sever[e] in nature.
(ECF No. 6-1, PageID.62). In finding Plaintiff’s mental impairments to be non-
severe, the psychological reviewer considered the Paragraph B criteria for assessing
mental impairments and found that Plaintiff had no limitations in her abilities to
understand, remember, or apply information and only mild limitations in her abilities
to interact with others; cooperate, persist, or maintain pace; and adapt or manage
herself. (Id. at PageID.63–64). In January 2024, the reviewer on reconsideration
reached the same conclusions as the initial reviewer. (Id. at PageID.74).
Plaintiff argues that the reviewers’ opinions are less persuasive than they
otherwise would be because in April 2024 she underwent a psychological evaluation
and presumably began treatment. However, Plaintiff applied for disability benefits
in February 2023, with an alleged onset date the month prior, and could have begun
mental health treatment sooner if she wanted the reviewers to have more evidence
regarding the severity of her mental impairments. Cf. Volbert, 2020 WL 8458805,
at *6 (affirming non-severe finding where ALJ based finding on plaintiff’s failure to
seek mental health treatment). Instead, Plaintiff did not act when she received a list
of community resources for mental health services from her PCP in July 2023 (ECF
No. 6-1, PageID.662), and her PCP noted a few months later that she had “No
depression; No anxiety” (id. at PageID.769). Other records show that Plaintiff
routinely screened negative for depression (id. at PageID.460, 488–89, 852, 857)
and during a March 2023 appointment, she adamantly denied having depression (id.
at PageID.481, 483). See Volbert, 2020 WL 8458805, at *6 (“I also note that Volbert
has not cited any evidence from the treatment records that would support a finding
that his mental health impairments were severe. To the contrary, treatment notes
show that Volbert denied any mental health issues; he did not seek any mental health
treatment; he did not testify that his mental health impairments prevented him from
working; and his reported activities of daily living did not suggest any functional
limitations based on mental health impairments.” (citation modified)). “Similarly,
taking medication for anxiety and depression is not necessarily, in and of itself,
strong evidence of having a disability, let alone conclusive evidence because it is not
uncommon to take such medications in this country, and countless numbers of duly
employed workers and students are on them.” Momany v. Comm'r of Soc. Sec., No.
2:17-CV-10626, 2019 WL 1503129, at *4 (E.D. Mich. Jan. 23, 2019) (citation
modified).
Moreover, while the reviewers’ opinions were made in the absence of
Plaintiff’s April 2024 evaluation, the ALJ’s finding of non-severity was not. The
ALJ considered the evaluation, stating that Plaintiff’s “attitude at a mental health
assessment was noted to be cooperative and she had good eye contact” and that the
assessment “was normal except for a notation that the claimant had fair judgment.”
(ECF No. 6-1, PageID.86–87). A more thorough summation could have included
details like Plaintiff “look[ed] rumpled with fair hygiene,” before noting she was
“responsive with an agreeable attitude” and “presented as an attentive person with
fair judgment.” (Id. at PageID.839–41). And also, that Plaintiff’s mood “was
depressed and hopeless,” she had decreased energy, and her ability to socially
interact was impaired. (Id. at PageID.840–42). But “an ALJ’s failure to cite specific
evidence does not mean that an ALJ failed to consider that evidence.” Kovach v.
Comm’r of Soc. Sec. Admin., No. 1:25-CV-2506, 2026 WL 1656939, at *6 (N.D.
Ohio June 9, 2026). And here, the ALJ advised that she found Plaintiff not to be
disabled “[a]fter careful consideration of all the evidence.” (Id. at PageID.84
(emphasis added)).
Moreover, the ALJ noted elsewhere in her Paragraph B analysis that Plaintiff
“reported mainly physical limitations in her ability to do her own personal care and
denied needing reminders to take care of personal needs and grooming.” (Id. at
PageID.87). This is consistent with the medical evidence and Plaintiff’s testimony
regarding her need for caregivers to help get her ready in the morning due to her
physical impairments. (See, e.g., id. at PageID.48 (testifying that “[m]y provider
comes between 6:00 and 7:00 to keep me up and get me prepped for the day,
prepared or whatever”)). Additionally, the ALJ found that Plaintiff had mild
limitations in three of the four broad areas of functioning, including interacting with
others. Cf. Showalter v. Kijakazi, No. 22-5718, 2023 WL 2523304, at *3 (6th Cir.
Mar. 15, 2023) (“Showalter faults the ALJ for not explicitly acknowledging that
some of her activities were limited. But the ALJ explained that ‘after careful
consideration of the entire record’ he found that Showalter had ‘some significant
limitations due to her impairments, such that she should avoid heavier lifting,
reaching overhead, and working around hazards and irritants.’ In other words, he
considered the evidence of her limitations and tailored her residual functional
capacity accordingly.” (citation modified)).
The Sixth Circuit does not “require an ALJ to discuss every piece of evidence
in the record”; instead, courts must “simply determine whether there is substantial
evidence in the record to support the conclusion.” Id. (citation modified). Thus,
while Plaintiff faults the ALJ for not acknowledging every notable finding from the
April 2024 evaluation, her decision shows that she fully considered the evaluation,
even though she did not reach the result that Plaintiff would understandably prefer.
See Napier v. Comm’r of Soc. Sec., 127 F.4th 1000, 1006–07 (6th Cir. 2025)
(“Napier argues that in stating that Napier’s medical examination findings were
‘relatively benign,’ the ALJ ignored some of Dr. Palmer’s findings, including that
Napier was estimated ‘to be functioning in the borderline range of general
intelligence’ and had a history of suicidal thoughts. We do not read the ALJ to have
impermissibly mischaracterized Dr. Palmer’s report.”); cf. Houser v. Comm’r of Soc.
Sec. Admin., No. 5:21-CV-00369, 2022 WL 1803049, at *9 (N.D. Ohio June 2,
2022) (“These ‘missing’ pieces of evidence do not erase the substantial evidence
supporting the ALJ’s decision. The Court will not reweigh the evidence.”).
In the end, the ALJ’s finding that Plaintiff’s mental impairments were non-
severe is supported by substantial evidence. Plaintiff’s only positive depression
screenings were from February 9, 2023 (ECF No. 6-1, PageID.499); her screenings
were negative in March 2023 (id. at PageID.488–89), May 2023 (id. at PageID.460,
466), January 2024, and April 2024 (id. at PageID.852, 857). In late March 2023,
Plaintiff’s PCP attempted to glean insight into Plaintiff’s possible symptoms of
depression, but Plaintiff appears to have repeatedly denied being depressed, instead
saying that she was “just frustrated and sad at change in life since hyst[erectomy].”
(Id. at PageID.481, 483 (capitalization modified)).
While Plaintiff’s symptoms may have increased in April 2024, leading her to
seek out mental health services for the first time, she “had the burden of showing
that [s]he had a severe impairment that met the twelve-month duration requirement.”
Harley v. Comm’r of Soc. Sec., 485 F. App’x 802, 803 (6th Cir. 2012). To do so she
needed to “show that [s]he ha[d] an impairment that ha[d] lasted or is expected to
last for a continuous period of at least twelve months and that h[er] impairment ha[d]
significantly limited h[er] ability to do basic work activities.” Id. Thus, even if
Plaintiff had increased periods of depressive symptoms, it is doubtful that she could
establish on this record that her mental impairments had lasted or could be expected
to last for a continuous 12-month period.
Finally, even if the ALJ had erred in finding Plaintiff’s mental impairments to
be non-severe, “such an error was harmless because the ALJ stated that [s]he
considered the non-severe impairments at later steps in the sequential evaluation.”
Volbert, 2020 WL 8458805, at *7. “So long as the ALJ considers all the claimant’s
impairments—severe and non-severe—in the remaining steps of the disability
determination, any error at Step Two is harmless.” Id. And the ALJ did so here,
saying that “pursuant to SSR 96-8p, all of the claimant’s severe and non-severe
conditions were considered when assessing the residual functional capacity.” (Id. at
PageID.86). She also specifically discussed this principle in relation to her
Paragraph B analysis, explaining:
The limitations identified in the “paragraph B” criteria are not a residual
functional capacity assessment but are used to rate the severity of
mental impairments at steps 2 and 3 of the sequential evaluation
process. The mental residual functional capacity assessment used at
steps 4 and 5 of the sequential evaluation process requires a more
detailed assessment. The following residual functional capacity
assessment reflects the degree of limitation the undersigned has found
in the “paragraph B” mental function analysis.
(Id. at PageID.87). “Though there may be occasions where, in context, similar
statements would be insufficient, this is not such a case.” Napier, 127 F.4th at 1007.
Because the ALJ stated that she considered both Plaintiff’s severe and non-
severe impairments at the remaining steps of the analysis, any error in finding
Plaintiff’s mental impairments non-severe was harmless. See id. (“Thus, even if the
ALJ had erred by finding that [Plaintiff’s] mental health impairments were not
severe, any error was harmless because the ALJ stated that he considered
[Plaintiff’s] non-severe impairments at other steps of the sequential evaluation to the
extent they were consistent with the objective medical evidence and other
evidence.”); see also Hedges v. Comm’r of Soc. Sec., 725 F. App’x 394, 395 (6th
Cir. 2018) (per curiam) (holding that once the ALJ had found at least one severe
impairment and considered the limiting effects of all impairments, “whether the ALJ
characterized the claimant’s mental-health impairments as severe or non-severe at
step two was legally irrelevant and did not amount to error” (citation modified)).
While Plaintiff argues that such error would not be harmless because the ALJ failed
to incorporate any limitations regarding her mental impairments in the RFC,
“Plaintiff fails to point to any additional restrictions that would have been included
in the RFC had the ALJ more specifically listed anxiety or depression as a severe
impairment in his written determination, and accordingly h[er] challenge to the
ALJ’s Step 2 determination fails.” Momany, 2019 WL 1503129, at *4.
III. ORDER
For these reasons, Plaintiff’s motion for summary judgment is DENIED (ECF
No. 11), Defendant’s motion for summary judgment is GRANTED (ECF No. 12),
and the ALJ’s decision is AFFIRMED.
IT IS SO ORDERED.
Date: September 17, 2026 S/patricia t. morriS
Patricia T. Morris
United States Magistrate Judge
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