Dawn Gohn v. Frank Bisignano, Commissioner of Social Security

Summary

The United States District Court for the Eastern District of Missouri reviews the denial of Dawn Gohn’s application for Disability Insurance Benefits. The court concludes that the administrative law judge failed to fully and fairly develop the record and remands the matter for further proceedings, while finding no reversible error in the step-two treatment of fibromyalgia.

Holdings

1. The ALJ did not commit reversible error by failing to identify fibromyalgia as a severe impairment. The record contained insufficient evidence to establish fibromyalgia as a medically determinable impairment under SSR 12-2p, and any step-two error was harmless because the ALJ proceeded through the sequential evaluation and considered the claimant's pain and symptoms in assessing the other impairments.
2. The ALJ failed to fully and fairly develop the record regarding the functional limitations imposed by Gohn's plantar fasciitis.
3. The RFC assessment was not supported by substantial evidence because the record did not adequately support the conclusion that Gohn could stand or walk for approximately six hours in an eight-hour workday.

Questions Presented

1. Whether the ALJ erred by failing to find fibromyalgia a severe impairment at step two of the sequential evaluation.
2. Whether the ALJ failed to fully and fairly develop the record concerning Gohn's functional limitations from plantar fasciitis.
3. Whether the ALJ's residual functional capacity assessment was supported by substantial evidence, particularly the six-hour standing and walking limitation.

Disposition

reversed_and_remanded