A Victory for Claimants at Step Two

Jan 9
2 min read

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A Case That Shouldn’t Have Gone This Far

It took a trip all the way to the Ninth Circuit to clarify something fundamental: Step Two of the Social Security disability process is a minimal threshold, not a high bar.

Fortunately, Josephine Gerrard stepped in and delivered an outstanding oral argument on behalf of her client, Combest, leading to a much-needed remand.

Background on the Claimant

Combest suffers from the following medically documented impairments:

Fibromyalgia
Traumatic brain injury (TBI)
Chronic migraines
Post-traumatic stress disorder (PTSD)
Depression

Despite this, the Administrative Law Judge (ALJ) denied her claim at Step Two, stating that none of her impairments were severe.

What Is Step Two in a Social Security Disability Claim?

Q: What is Step Two and why is it important?

A: Step Two serves as an early screening device to eliminate only frivolous claims. It is not meant to deny valid claims that show even minimal evidence of impairment.

The Ninth Circuit emphasized that Step Two is a “de minimis requirement.”

In other words:

If there is any reasonable doubt as to whether the claimant's impairments significantly limit their ability to perform basic work activities, the case should proceed to the next step.

What Went Wrong in the ALJ's Decision?

The ALJ:

Acknowledged the claimant’s impairments as medically determinable
But concluded none were severe
Denied the claim at Step Two
Was affirmed by the district court

However, the Ninth Circuit found this approach flawed.

The Ninth Circuit’s Ruling: Reversed and Remanded

Here’s what the Court held:

The record did not clearly show only minimal limitations.
Therefore, the ALJ erred by stopping the evaluation at Step Two.
The case should have moved forward in the disability evaluation process.

✅ Result: Reversed and remanded for further proceedings.

Though the opinion was just two pages long, its impact is significant.

Why This Case Matters

This decision reaffirms the core purpose of Step Two:

It's a low threshold to ensure serious claims aren’t dismissed prematurely.
When impairments like TBI, PTSD, and fibromyalgia are involved, a full evaluation is critical.

👏 Special recognition goes to Josephine Gerrard for her brilliant advocacy in front of the Ninth Circuit.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.