Bonnie W. v. Kijakazi

Background

Bonnie W. sought judicial review under 42 U.S.C. § 405(g) of the Commissioner of Social Security’s final decision denying her application for disability benefits. The Administrative Law Judge (ALJ) found that multiple sclerosis was her only severe impairment, determined that it did not meet or equal a listed impairment, and assessed a residual functional capacity for sedentary work with several physical and environmental restrictions. Based on that assessment and vocational-expert testimony, the ALJ concluded that Bonnie W. could perform her past work as a police dispatcher and was not disabled.

The parties filed cross-motions for summary judgment. Bonnie W. argued that the ALJ failed to properly consider her fatigue at the third step of the disability analysis and when determining her residual functional capacity. She also raised other challenges to the residual-functional-capacity analysis, including the treatment of medical opinions.

Court’s Analysis

The court focused on fatigue. The medical records repeatedly documented fatigue associated with Bonnie W.’s multiple sclerosis, including reports that fatigue worsened cognitive symptoms, leg weakness, spasticity, balance problems, and difficulty walking. Hearing testimony, application materials, function reports, and ten statements from other people also described the effects of her fatigue.

The court concluded that the ALJ did not adequately address this evidence. At the third step, the ALJ did not discuss fatigue or explain how it affected Bonnie W.’s functioning, even though the applicable listing provisions identify fatigue as a symptom that must be evaluated in neurological-disorder cases. In the residual-functional-capacity analysis, the ALJ briefly mentioned some fatigue-related reports but did not explain whether fatigue imposed additional work-related limitations or why it did not affect the assessment. The ALJ also only stated generally that third-party statements had been considered and did not specifically address their fatigue-related evidence.

Because the ALJ’s decision did not adequately account for a substantial part of the record, the court could not conclude that the decision was supported by substantial evidence on the record as a whole. The court did not decide Bonnie W.’s other challenges to the residual-functional-capacity assessment because the fatigue issue required remand. It also stated that the ALJ could further develop the record or seek additional medical review on remand if necessary.

Disposition

Magistrate Judge Becky R. Thorson granted Bonnie W.’s motion for summary judgment in part, denied the Commissioner’s motion for summary judgment, and remanded the matter to the Commissioner under sentence four of 42 U.S.C. § 405(g) for further proceedings. The ALJ must reconsider the third step and Bonnie W.’s fatigue along with the rest of the record.