Exceptions to Mariaz

Generally, it is harmless error if an ALJ fails to find an impairment severe as long as the ALJ finds at least one other severe impairment and proceeds with the remaining steps of the sequential evaluation process. Mariaz v. Sec. of Health and Human Services, 837 F.2d 240 (6th Cir. 1987).  The general rule, though, should not apply if the ALJ failed to consider the limitations caused by an impairment in determining residual functional capacity.  The following non-exhaustive list of cases address the situations when Mariaz does not apply:

  • Griffin, 2012 U.S. Dist. Lexis 28214
  • Steele v. Astrue, 2013 U.S. Dist. Lexis 11717
  • Childs, 2013 U.S. Dist. Lexis 9021
  • Sparck, 2012 U.S.Dist. Lexis 129852

If you have been denied disability benefits, feel free to contact Patrick Cruise for a free consultation. 

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About tngadisabilitylawyer
Disability Lawyer in Tennessee and Georgia.

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