Sawanya S. v. Kijakazi

Background

Sawanya S. sought review under 42 U.S.C. § 405(g) of the Commissioner of Social Security’s decision denying her applications for Social Security Disability Insurance and Supplemental Security Income benefits. After hearings, the administrative law judge found that she had several severe impairments, including major depressive disorder, generalized anxiety disorder, post-traumatic stress disorder, chronic pain disorder, and right shoulder and ankle conditions. The judge assigned her a sedentary residual functional capacity, with additional limits on lifting, standing, walking, concentration, workplace interaction, public contact, and time off task. Relying on vocational-expert testimony, the judge found that she could perform other jobs and was not disabled.

Issue and Analysis

One issue addressed by the court was whether the administrative law judge improperly found that fibromyalgia was not a medically determinable impairment. The judge relied on the absence of the required number of tender-point findings and evidence that other conditions had been excluded. Sawanya S. argued that the record contained numerous fibromyalgia diagnoses, treatment records, and references to tender points, and that the judge failed to consider the Social Security Administration’s 2010 diagnostic criteria, which also examine symptoms and co-occurring conditions.

The Commissioner acknowledged that the administrative law judge made an error but argued that it was harmless because the judge considered other impairments that caused pain and included pain-related limitations in the residual functional capacity. The court rejected that argument. It explained that recognizing fibromyalgia could affect later parts of the disability analysis, including whether the impairments medically equal a listed impairment, the residual functional capacity, the evaluation of medical opinions, and the assessment of Sawanya S.’s credibility. Because the error could have affected the ultimate disability determination, the court held that it was not harmless.

Disposition

The court concluded that the administrative law judge erred at the second step by finding that fibromyalgia was not a medically determinable impairment. The court granted Sawanya S.’s motion for summary judgment in part, denied the Commissioner’s motion for summary judgment, and remanded the matter for further proceedings consistent with the opinion. On remand, the administrative law judge must reevaluate the relevant issues in light of Sawanya S.’s fibromyalgia. The opinion excerpt states that Sawanya S. raised four issues, but only three are visible in the provided text.