When will a claimant's own statements of symptoms be considered in the Second Step of a disability claim?

MultiRegion, United States of America

The following excerpt is from Wise v. Astrue, 1:11-cv-00690-SKO (E.D. Cal. 2012):

the claimant's own statements of symptoms will not suffice. 20 C.F.R. 416.929. The effects of all symptoms must be evaluated on the basis of a medically determinable impairment which can be shown to be the cause of the symptoms. 20 C.F.R. 416.929. If aggressively applied, the Second Step's severity requirement violates the statute by denying benefits to claimants who do not meet the statutory definition of disabled. Corrao v. Shalala, 20 F.3d 943, 949 (9th Cir. 1994).

A claimant's credibility may be a factor considered at the Second Step if a claimant's allegations regarding symptoms conflict significantly with the medical evidence. See Webb v. Barnhart, 433 F.3d 683, 688 (9th Cir. 2005). As explained in 20 C.F.R. 416.929(c),

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