Figueroa v . SSA 11-CV-541-SM 12/10/12 UNITED STATES DISTRICT COURT

DISTRICT OF NEW HAMPSHIRE

Edgar David Figueroa, Claimant

v. Case N o . 11-cv-541-SM Opinion N o .

Michael J. Astrue, Commissioner, Social Security Administration, Defendant

O R D E R

Claimant’s motion to reverse the Commissioner’s decision

denying his application for Supplemental Security Income Benefits

under Title XVI of the Social Security Act,

et

seq., document n o . 9, is granted. The Commissioner’s motion to

affirm his decision, document n o . 1 1 , is denied.

“It is well established in this circuit ‘that the Step 2

severity requirement is ... to be a de minimus policy, designed

to do no more than screen out groundless claims.’” Mohammad v .

Astrue,

, at *7 (D.N.H. April 4 , 2011) (quoting

McDonald v . Secretary of Health & Human Services,

(1st Cir. 1986)). Here, the ALJ plainly erred at Step 2 in

finding that Claimant’s “medically determinable . . . depression”

was not severe. Admin. Rec. at 1 6 . The provider reports

documenting the treatment claimant received for that disease are

sufficient to meet the low Step 2 threshold. The ALJ’s error, moreover, was not harmless. A Step 2 error

is harmless if the ALJ “continued through the remaining steps and

considered all of the claimant’s impairments.” Syms v . Astrue,

, at *1 (D.N.H. Sept. 8 , 2011) (DiClerico, J . ) .

Nothing in the ALJ’s decision here suggests even inferentially,

that he considered Claimant’s depression at the RFC stage.

Compare Montore v . Astrue,

, at *3-4 (D.N.H. Aug.

2 0 , 2012) (a clear inference that ALJ “considered” bipolar

disorder at the RFC stage could be drawn from the fact that ALJ,

in his RFC assessment, credited reviewing psychologist’s opinion

regarding limitations flowing from all of claimant’s mental

impairments, including his bipolar disorder).

Accordingly, the case is necessarily remanded for further

proceedings in accordance with this order. Because this remand

is made pursuant to sentence four of

(g), the

Clerk of the Court is instructed to enter judgment in accordance

with this order and close the case.

SO ORDERED.

Steven J./McAuliffe Jnited States District Judge

December 1 0 , 2012

cc: Janine Gawryl, Esq. Robert J. Rabuck, Esq.

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