Summary
This Seventh Circuit opinion reviews a denial of Social Security disability insurance benefits for a claimant with fibromyalgia. The court found that the Administrative Law Judge failed to conduct a proper longitudinal review of the claimant's pain symptoms as required by Social Security Ruling 12-2p. Consequently, the court vacated the district court's judgment and remanded the case for further proceedings consistent with agency guidance on evaluating fibromyalgia.
Topics
Practice areas
Questions Presented
- Whether the ALJ evaluated Swiecichowski's fibromyalgia and its effect on her residual functional capacity in accordance with Social Security Ruling 12-2p.
- Whether Swiecichowski waived her arguments concerning the combined impact of her impairments and the evaluation of medical opinions by failing to present them adequately to the district court.
- Whether the ALJ's decision was supported by substantial evidence and adequately connected the evidence to the residual functional capacity determination.
Holdings
- A claimant challenging a Social Security disability decision must present her objections to the district court; arguments not presented there, or raised only in an underdeveloped manner or for the first time in a reply brief, are waived on appeal.
- When evaluating the severity and functional effects of fibromyalgia in determining residual functional capacity, the ALJ must consider a longitudinal record whenever possible because fibromyalgia symptoms may wax and wane, and must provide a logical bridge between that evidence and the RFC conclusion.
- A cursory reference to conservative treatment, without discussion or citation connecting that treatment to the claimant's alleged limitations, does not cure deficiencies in the ALJ's analysis of fibromyalgic pain.
Key quotations
“Fibromyalgia, however, has unique properties, and it is unclear from the record whether the ALJ performed the analysis required by the Social Security Administration’s fibromyalgia guidance.” (2)
“The unique nature of fibromyalgia, however, requires a more holistic longitudinal review to evaluate the severity of a claimant’s fibromyalgic pain and its impact on her ability to work.” (14)
Factual background
Swiecichowski worked in a warehouse for more than thirty years before quitting in 2018 because of increasing pain and other impairments. She was diagnosed with fibromyalgia after examinations revealed widespread pain, sensitivity to touch, and multiple trigger points, and she continued to report pain despite treatment. The ALJ found that she had severe fibromyalgia and other impairments but retained the residual functional capacity for restricted light work. The Seventh Circuit concluded that the ALJ's discussion did not make clear whether the fibromyalgia evidence had been evaluated longitudinally in light of symptoms that wax and wane.
Procedural history
Swiecichowski applied for disability insurance benefits, alleging disability based principally on fibromyalgia and related conditions. An administrative law judge denied benefits after applying the five-step disability evaluation process and determining that she could perform restricted light work and other jobs in the national economy. The Appeals Council denied review, the Eastern District of Wisconsin affirmed, and the Seventh Circuit vacated the judgment and remanded for further proceedings.
Remand instructions
The judgment affirming the denial of benefits is vacated. The case is remanded for further proceedings consistent with the opinion, including a more holistic longitudinal review of the severity of Swiecichowski's fibromyalgic pain and its impact on her functional capacity.