Facts

Plaintiff Mary Jo Silva sought judicial review of a decision by the Commissioner of Social Security denying her application for disability insurance benefits.

PLANTIFF'S CONTENTIONS: Plaintiff contended that the Administrative Law Judge erred at step two of the sequential evaluation by failing to identify plaintiff's heart conditions and obesity as severe impairments. Plaintiff alleged that the ALJ's treatment of the medical opinion evidence constituted error, and the ALJ's residual functional capacity determination failed to account for all of plaintiff's impairments.

DEFENDANT'S CONTENTIONS: Defendant alleged that there was no need to mention obesity as a severe impairment, because obesity is no longer a separate listing. Additionally, Defendant contended that plaintiff's statements concerning the intensity, persistence, and limiting effects of those symptoms plaintiff claimed were not entirely consistent with the medical evidence and other evidence provided.

Result

The court found that the ALJ erred at step two of the sequential evaluation by finding that plaintiff's heart condition and obesity were not severe impairments. Additionally, the court provided that the ALJ's treatment of plaintiff testimony constituted error and granted plaintiff summary judgment on all claims.