Kimberly Collier v. Frank Bisignano, Commissioner of Social Security Administration

Summary

This Memorandum and Recommendation addresses Kimberly Collier’s challenge under 42 U.S.C. § 405(g) to the denial of disability insurance benefits and supplemental security income. The magistrate judge recommends reversing the Commissioner’s decision and remanding for further proceedings because the ALJ improperly evaluated fibromyalgia symptoms and failed to explain the circumstances under which Collier required a handheld assistive device. The recommendation was issued subject to objections by March 3, 2026.

Holdings

1. The ALJ applied an improper standard in evaluating Plaintiff's fibromyalgia by heavily relying on the lack of objective evidence and the absence of rheumatology treatment to discount Plaintiff's symptom statements.
2. Remand was required because the ALJ failed to explain the circumstances or purposes for which Plaintiff needed a handheld assistive device, preventing meaningful review of whether the identified jobs remained available.

Questions Presented

1. Whether the ALJ improperly evaluated Plaintiff's fibromyalgia symptoms and limitations by relying heavily on the absence of objective evidence and specialist treatment.
2. Whether the ALJ's step-five finding was inadequately explained because the residual functional capacity stated that Plaintiff required a handheld assistive device without specifying when or why it was needed.

Disposition

reversed_and_remanded