Judge Gary Sharpe

An administrative law judge (ALJ) denied Dillenbeck—allegedly disabled since 2001—Supplemental Security Income and Disability Insurance benefits. That denial became the commissioner’s final decision. District court reversed and remanded, finding that because the only medical opinions of record indicated that Dillenbeck suffered more than mild limitation in the area of social functioning, the ALJ erred in finding her mental impairment not severe. Based on her reported ability to watch television, care for her dog, read, do routine household chores and visit with friends, the ALJ found that Dillenbeck suffered mild limitations in areas of activities of daily living, social functioning, and concentration. The ALJ’s findings were contrary to the opinions of Dr. Moore and psychological consultant Morog. Reviewing Dillenbeck’s medical records—including Moore’s report—Morog opined that the record as a whole showed that Dillenbeck suffered a severe psychiatric diagnosis that caused mild to moderate impairment in adaptive and functional abilities. It was uncertain if the ALJ would have arrived at the same conclusion about Dillenbeck’s residual functional capacity had she properly evaluated the severity of Dillenbeck’s mental impairment.