Jones v. Astrue, 3:10-cv-02317

Plaintiff Gabriella Jones sought DIB denial review; applied Sept 29, 2008 claiming disability from Jan 12, 2008 due to bilateral tenosynovitis, neck/arm pain.
ALJ denied in Feb 2010; Plaintiff appealed to Appeals Council; Council denied review; case proceeded to district court under 42 U.S.C. § 405(g).
Court refers case for Findings, Conclusions, and Recommendation to reverse and remand for further proceedings.
Plaintiff’s medical record shows cervical spine issues, neck pain, and bilateral wrist/forearm tenosynovitis with treatment including PT, splints, and pain medications.
ALJ found Plaintiff with severe bilateral tenosynovitis and neck pain, RFC to light work with numerous postural/interaction restrictions, and that Plaintiff could perform past work; decision challenged on severity standard at Step 2.
Court recommends reversal and remand for proper application of the Stone severity standard at Step 2.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the Step 2 severity standard was correctly applied.	Jones argues ALJ used Stone-inapplicable standard conflicting with the Act.	Astrue contends ALJ cited Stone and applied acceptable standard.	Remand required for incorrect severity standard at Step 2.

Stone v. Heckler, 752 F.2d 1099 (5th Cir. 1985) (severity standard not limited to minimal impact; must align with Act; remand when misapplied)
Johnson v. Bowen, 864 F.2d 340 (5th Cir. 1988) (standard of substantial evidence review remains applicable)
Greenspan v. Shalala, 38 F.3d 232 (5th Cir. 1994) (defining substantial evidence and review standard)
Leggett v. Chater, 67 F.3d 558 (5th Cir. 1995) (clarifies the substantial evidence framework and step analysis)
Wren v. Sullivan, 925 F.2d 123 (5th Cir. 1991) (summarizes the five-step disability analysis)