Ninth Circuit Win for Disability Claimants with Fibromyalgia and PTSD

Overview of Combest v. Dudek (9th Cir. 2025)

In the 2025 case of Combest v. Dudek, the Ninth Circuit Court addressed the improper denial of disability benefits to Combest, who suffered from multiple serious conditions: fibromyalgia, traumatic brain injury, migraines, PTSD, and depression. Despite these diagnoses, the Administrative Law Judge (ALJ) denied her claim at step two of the Social Security Administration's (SSA) five-step evaluation process.

Understanding the Five-Step Sequential Evaluation Process

The SSA uses a five-step process to determine disability eligibility:

1. Substantial Gainful Activity: Is the claimant currently working?

2. Severity of Impairment: Does the claimant have a severe impairment?

3. Listing of Impairments: Does the impairment meet or equal a listed impairment?

4. Past Relevant Work: Can the claimant perform past work?

5. Other Work: Can the claimant perform any other work?

   
   

Step two serves as a minimal threshold to filter out only frivolous claims. An impairment is considered "severe" if it significantly limits the individual's ability to perform basic work activities.

The ALJ's Decision and Its Implications

In Combest's case, the ALJ acknowledged her medically determinable impairments but concluded that none were severe, either individually or in combination. This decision effectively suggested that someone with multiple legitimate, overlapping conditions could return to work without issue.

The Ninth Circuit's Reversal

Upon appeal, the Ninth Circuit reversed the ALJ's decision, emphasizing that step two is intended as a de minimis screening device to eliminate only groundless claims. The court highlighted that unless the evidence clearly indicates only minimal limitations, the evaluation should proceed beyond step two.

The court referenced Glanden v. Kijakazi, reinforcing that an ALJ may find an impairment "not severe" at step two only if the evidence establishes a slight abnormality with no more than a minimal effect on the individual's ability to work. 

Significance for Claimants with Multiple Conditions

This case underscores the importance of challenging step two denials, especially when multiple conditions are present. Claimants and their representatives should:

• Emphasize that step two is a low threshold meant to screen out only clearly frivolous claims.

• Highlight that ambiguity in the medical record should favor the claimant.

• Assert that conditions like fibromyalgia, brain injuries, and mental health disorders may not always present clear-cut evidence but can still be disabling.

  
  

Q&A: Key Takeaways

Q: What is the purpose of step two in the SSA's evaluation process?

A: Step two serves as a minimal threshold to dismiss only clearly frivolous disability claims.

Q: Can multiple non-severe impairments be considered severe in combination?

A: Yes. The combined effect of multiple impairments can be considered severe if they significantly limit the individual's ability to perform basic work activities.

Q: What should be done if a claim is denied at step two?

A: Appeal the decision, emphasizing the low threshold of step two and the presence of legitimate impairments that warrant further evaluation.

Need Assistance?

If you or someone you know has been denied disability benefits at step two, especially with multiple conditions involved, it's crucial to seek legal guidance. Navigating the complexities of disability claims can be challenging, but you don't have to do it alone.

Schedule a consultation with us to discuss your case and explore your options.