Nuzum v. Commissioner of Social Security, 2:17-cv-00521

Plaintiff Christina L. Nuzum applied for Title II disability insurance benefits, alleging disabling chronic pain (including possible fibromyalgia, neuropathy, herniated discs) beginning May 31, 2013.
Administrative denial at initial and reconsideration stages; hearing before ALJ on December 3, 2015; ALJ denied benefits on February 11, 2016; Appeals Council denied review, making ALJ decision final.
Medical record: ongoing pain-management care (Dr. Margolin) with injections and narcotic medication; spinal cord stimulator implanted previously; EMG showed inconclusive/limited evidence of peripheral neuropathy.
Plaintiff testified to severe daily pain, significant limitations (lying down most of day, limited standing/walking/sitting tolerance, numb hands), while treatment records often reported pain at lower levels (2–4/10 until 2015) and limited side effects from medication.
VE testified that with the RFC assessed by the ALJ, unskilled light or sedentary jobs existed; several additional limitations (frequent/occasional handling, off-task >10%, missing >4 days/month, at-will sit/stand) would be work-preclusive.
ALJ found severe impairments included degenerative spine changes and chronic pain (etiology unresolved), assessed an RFC for a range of light work with multiple nonexertional limits, discounted some of plaintiff’s symptom statements as inconsistent with objective and nonmedical evidence, and concluded plaintiff is not disabled.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether ALJ erred in assessing credibility/symptom testimony	Nuzum argues ALJ improperly discounted her pain complaints, over-relied on lack of objective findings, and selectively used older activity reports to find inconsistencies	Commissioner contends ALJ reasonably evaluated symptom statements against treatment notes, objective findings, activities, and provider observations; analysis is supported by substantial evidence	Court upheld ALJ: credibility (symptom) assessment supported by substantial evidence under SSR 96-7p/16-3p standards
Whether ALJ should have treated fibromyalgia as established severe impairment or applied SSR 12-2p	Nuzum asserts pain resembles fibromyalgia and ALJ improperly minimized supportive evidence	Commissioner notes etiology was unsettled and plaintiff did not carry burden to establish fibromyalgia as a medically determinable severe impairment	Court: ALJ appropriately addressed pain broadly; plaintiff did not show SSR 12-2p applies or that ALJ erred in not treating fibromyalgia as established severe impairment

Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir.) (definition and standard for substantial evidence review)
Cutlip v. Sec’y of HHS, 25 F.3d 284 (6th Cir.) (substantial evidence explained as more than a scintilla)
Harris v. Heckler, 756 F.2d 431 (6th Cir.) (Commissioner’s findings must be based on record as a whole)
Jones v. Comm’r of Soc. Sec., 336 F.3d 469 (6th Cir.) (claimant bears burden to prove medically determinable severe impairment; deference to ALJ credibility findings)
Walters v. Comm’r of Soc. Sec., 127 F.3d 525 (6th Cir.) (reviewing court must not reweigh evidence or reassess credibility)
Thomas v. Arn, 474 U.S. 140 (U.S.) (procedural rule on objections to magistrate judge reports)