Waldrop v. Commissioner of Social Security
Filing
20
FINAL JUDGMENT in favor of Dena Marie Waldrop against Commissioner of Social Security. The case is REMANDED for further proceedings. CASE CLOSED. Signed by Magistrate Judge Jane M. Virden on 4/9/19. (ncb)
IN THE UNITED STATES DISTRICT COURT
FOR THE NORTHERN DISTRICT OF MISSISSIPPI
OXFORD DIVISION
DENA MARIE WALDROP
PLAINTIFF
V.
NO. 3:18CV00108-JMV
COMMISSIONER OF SOCIAL SECURITY
DEFENDANT
FINAL JUDGMENT
This cause is before the court on Plaintiff’s complaint for judicial review of an
unfavorable final decision of the Commissioner of the Social Security Administration denying
claims for a period of disability and disability insurance benefits and supplemental security
income. The parties have consented to entry of final judgment by the United States Magistrate
Judge under the provisions of 28 U.S.C. § 636(c), with any appeal to the Court of Appeals for the
Fifth Circuit. The court, having reviewed the administrative record, the briefs of the parties, and
the applicable law, and having heard oral argument, finds as follows:
Consistent with the court’s ruling from the bench during a hearing held April 4, 2019, the
court finds the ALJ’s decision is not supported by substantial evidence in the record.
Specifically, the ALJ failed to properly consider the claimant’s fibromyalgia impairment. First,
the ALJ failed to consider evidence from an October 5, 2015, office note of the claimant’s
treating physician, Dr. Sajish Jacob, diagnosing fibromyalgia “given the constellation of
generalized pain, headache, cognitive impairment, depression, GI symptoms and multiple tender
points on exam; and extensive w/u negative for common organic causes”. The ALJ’s error is
evident because the ALJ concluded the “record contains no evidence showing that the claimant
exhibits the symptoms associated with this impairment [fibromyalgia].” Had the ALJ fully
considered this evidence, it is likely the record contains the Section II. A “specific” requirement
for establishing fibromyalgia under SSR 12-2P. Second, there is no indication the ALJ
considered SSR 12-2P’s alternate “specific” requirement for establishing fibromyalgia, which
appears to have been established by Dr. Jacob’s records.1
On remand, the ALJ must recontact Dr. Jacob for clarification regarding the existence of
evidence that the claimant meets the specific requirements of fibromyalgia as required by SSR
12-2P and/or order a consultative examination(s) of the claimant, providing the examining
physician(s) with all the medical evidence in the file related to the claimant’s impairments. In
any event, the ALJ must also obtain from the physician(s) a function-by-function assessment of
the claimant’s ability to perform physical and mental work activity. The ALJ must consider the
new evidence along with all the evidence in the record. If necessary, the ALJ must also obtain
supplemental vocational expert evidence. Ultimately, the ALJ will render a new decision on the
issue of whether the claimant is disabled.
IT IS, THEREFORE, ORDERED AND ADJUDGED that this case is REVERSED
and REMANDED for further proceedings.
This, the 9th day of April, 2019.
/s/ Jane M. Virden
U. S. MAGISTRATE JUDGE
1
Pursuant to Section II. B of SSR 12-2P, a claimant may also establish fibromyalgia if a claimant’s physician
provides evidence of 1) a history of widespread pain; 2) repeated manifestations of six or more FM symptoms, signs,
or co-occurring conditions, especially manifestations of fatigue, cognitive or memory problems . . ., waking
unrefreshed, depression, anxiety disorder, or irritable bowel syndrome; and 3) evidence that other disorders that could
cause these repeated manifestations of symptoms, signs, or co-occurring conditions were excluded.”
2
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
Why Is My Information Online?