Terri Kalmbach v. Commissioner of Social Security
409 F. App'x 852
6th Cir.2011Background
- Kalmbach applied for DIB alleging disability from fibromyalgia, obesity, sleep apnea, diabetes, asthma, and related conditions; the ALJ found only obesity, asthma, diabetes, and sleep apnea were severe and did not consider fibromyalgia as severe; treating rheumatologist Ognenovski and primary care physician Beison opined she could not sustain work, but the ALJ gave their opinions minimal weight; the evidence showed long treatment history, focal tenderness at 18/18 points, and disabling pain and fatigue; the ALJ credited some limitations but found a sedentary RFC with sit/stand option and two days of absence per month; the district court affirmed, and Kalmbach appealed for reversal/remand; the panel majority remanded for benefits, while a concurring judge would not award benefits yet.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Did the ALJ improperly discount treating physicians’ opinions on fibromyalgia? | Kalmbach’s doctors confirmed disabling fibromyalgia; ALJ failed to give good reasons. | Disability determination lies with the Commissioner; reliance on objective findings supports discounting. | Yes; ALJ failed to provide good reasons, requiring remand. |
| Was Kalmbach’s credibility properly evaluated given fibromyalgia’s nature? | Credibility supported by symptoms and treating opinions; discounting relied on mischaracterized activities. | Credibility can be discounted if inconsistent with record and activities. | No; credibility evaluation lacked substantial support. |
| Should fibromyalgia be treated as a severe impairment and considered in disability analysis? | Fibromyalgia is a recognized severe impairment in the circuit. | Disability determination individual to the Commissioner; impairment not properly weighed. | Yes; error in not treating fibromyalgia as severe supports remand for benefits. |
Key Cases Cited
- Rogers v. Comm’r of Soc. Sec., 486 F.3d 234 (6th Cir. 2007) (fibromyalgia can be a severe impairment; weighing treating opinions)
- Wilson v. Comm’r of Soc. Sec., 378 F.3d 541 (6th Cir. 2004) (reversal when ALJ fails to give good reasons for discounting treating physician)
- Preston v. Sec’y of Health & Human Servs., 854 F.2d 815 (6th Cir. 1988) (fibromyalgia diagnosis requires proper consideration despite lack of objective findings)
- Faucher v. Sec’y of Health & Human Servs., 17 F.3d 171 (6th Cir. 1994) (standard for award when proof of disability is strong and opposing evidence is lacking)