Hammond v. Astrue

1 Citing case

  1. Little v. Colvin

    Civil Action No. 6:15cv11 (W.D. Va. Aug. 2, 2016)

    There is precedent for finding no prejudice when an ALJ wrongly finds an impairment to be non-severe at step two, if the ALJ sufficiently considers the effects of that impairment at subsequent steps. See Hammond v. Astrue, No. 11-2922, 2013 WL 822749, at *2 (D. Md. March 5, 2013); Carrico v. Colvin, No. 6:14-cv-32, 2016 U.S. Dist. LEXIS 33597, *7-8, 2016 WL 1065832, at *3 (W.D. Va. Mar. 16, 2016) (finding "any error by the ALJ at step two is harmless if the ALJ considers the effects of all of [plaintiff's] impairments in the subsequent steps."). However, Little's case should be distinguished because cases finding an error at step two harmless generally deal with situations where the ALJ found at least one severe impairment, and thus properly continued to the remaining steps in the sequential evaluation process.