Alyssa M. v. Commissioner of Social Security Administration

Summary

The United States District Court for the District of Oregon reviews the Commissioner of Social Security’s denial of Alyssa M.’s applications for Disability Insurance Benefits and Supplemental Security Income. The court holds that the Administrative Law Judge did not err in evaluating fibromyalgia at step two, the claimant’s subjective symptom testimony, and the medical evidence, and affirms the Commissioner’s decision.

Holdings

1. The ALJ did not err in finding that plaintiff's fibromyalgia was not medically determinable because plaintiff did not identify a physician diagnosis supported by either set of criteria in SSR 12-2P, and the record did not show that other possible causes had been excluded.
2. The ALJ provided specific, clear, and convincing reasons supported by substantial evidence for discounting plaintiff's subjective symptom testimony.
3. The ALJ did not err in finding Pemberton's opinion unpersuasive because the opinion was inadequately supported and inconsistent with other evidence in the record.
4. The ALJ adequately considered and discounted the lay witness report by explaining that it had little evidentiary value because many responses were not based on direct observations and some were inconsistent with other information in the record.

Questions Presented

1. Whether the ALJ erred at step two by finding that plaintiff's fibromyalgia was not a medically determinable impairment.
2. Whether the ALJ provided specific, clear, and convincing reasons supported by substantial evidence for discounting plaintiff's subjective symptom testimony.
3. Whether the ALJ properly evaluated the persuasiveness of therapist Kelsey Pemberton's medical opinion under the supportability and consistency requirements.
4. Whether the ALJ properly considered and provided a germane reason for discounting the lay witness function report submitted by plaintiff's friend Kati.

Disposition

affirmed