Marina Thompson v. Commissioner of Social Security

Summary

The United States District Court for the Eastern District of California reviews Marina Thompson’s challenge to the Commissioner of Social Security’s denial of disability benefits. The court rejects the challenges concerning fibromyalgia and mental impairments at Step 2, but finds that the Administrative Law Judge did not adequately account for migraine headaches in the residual functional capacity analysis. The matter is remanded to the Commissioner for further proceedings.

Holdings

1. The ALJ did not err in finding that the evidence failed to establish fibromyalgia as a medically determinable impairment because the physician's statement merely recited diagnostic criteria and did not identify objective evidence supporting the diagnosis as required by SSR 12-2p.
2. The ALJ did not err in finding Thompson's mental impairments non-severe because the ALJ applied the paragraph B criteria, found no more than mild limitations in the relevant functional areas, and did not improperly conduct a persuasiveness analysis at Step 2.
3. The ALJ erred by failing to consider in the RFC how Thompson's migraine headaches significantly limited her ability to work, despite finding migraines to be a severe impairment at Step 2.
4. The ALJ did not err in evaluating Thompson's statements and testimony because the ALJ relied on more than a lack of objective support, including inconsistencies concerning cane use and daily activities inconsistent with an allegation of total disability.

Questions Presented

1. Whether the ALJ erred by finding that the record did not establish fibromyalgia as a medically determinable impairment at Step 2.
2. Whether the ALJ properly evaluated Thompson's mental impairments under the paragraph B criteria at Step 2.
3. Whether the ALJ's residual functional capacity assessment adequately considered the limiting effects of migraine headaches after finding migraines to be a severe impairment.
4. Whether the ALJ properly evaluated Thompson's subjective statements and testimony, including reliance on objective evidence, inconsistencies, and daily activities.

Disposition

reversed_and_remanded