Administrative Law Judges (ALJs) who conduct disability hearings at the third step of a claimant’s appeal process are required to assess a claimant’s alleged disabling symptoms under Social Security’s regulations and rulings. See 20 C.F.R. §§ 404.1529 and 416.929; Social Security Ruling (SSR) 16-3p, 2017 WL 5180304 (October 25, 2017). However, recently, we have seen federal courts reversing hearing decisions because the ALJs have not properly considered our claimants’ symptoms (including pain).
Our client, Cathy M., testified that pain and numbness in her feet from peripheral neuropathy most impacted her ability to work. She struggled to complete daily activities, including grocery shopping, yardwork, housework, and personal care. Treatment records echoed her complaints and testing was consistent with diabetic peripheral neuropathy. The ALJ did not discuss relevant factors he should have considered (daily activities; location, duration, frequency of pain or other symptoms; precipitating and aggravating factors; type, dosage, effectiveness, and sided effects of medication taken to alleviate pain or other symptoms; and other treatment received) when considering Ms. M.’s pain and numbness. The federal court agreed with our argument that the ALJ failed to specifically discuss her complaints and, because of the error, her case was remanded for another hearing.
Felicia K. was diagnosed with fibromyalgia (as well as other degenerative conditions involving her back, hip and knees) by her doctor and she met the American College of Rheumatology’s criteria for the diagnosis which was confirmed upon repeated examinations. Ms. K. was not able to perform household tasks, personal care and grocery shopping without assistance. The ALJ discounted Ms. K.’s complaints of disabling pain, in part, based on normal examination findings. However, the federal court judge agreed that the lack of objective findings was not unusual, but rather normal, in fibromyalgia cases. Ms. K.’s claim was returned for another hearing and a proper symptoms analysis.
Steve C. suffers from multiple conditions including rheumatoid arthritis and sleep apnea. Mr. C. testified that he had joint pain in his knees, fingers, hands, wrists and feet. The ALJ in his case considered Mr. C.’s back, knee and cardiac impairments but did not discuss any of his symptoms–namely, fatigue and pain–stemming from his rheumatoid arthritis and sleep apnea. Again, the federal court judge determined that the ALJ’s symptoms analysis was improper and the case was returned for another hearing to consider the impact of Mr. C.’s rheumatoid arthritis and sleep apnea on his ability to work.
This is just a sample of recent court decisions involving errors made by ALJs when dealing with our client’s pain and other symptoms. For the past several years, federal courts have found fault with ALJ decisions in nearly six of every ten cases reviewed, sending them back to ALJs at Social Security for new hearings and new decisions, according to the agency’s statistics.
