Ninth Circuit Remands Fibromyalgia SSDI Denial

In Lynnae, the Ninth Circuit reversed a denial of Social Security benefits and remanded the case due to several fundamental errors in the ALJ’s evaluation of fibromyalgia. Here's what attorneys need to know:

1. Misinterpretation of Medical Opinions

• The ALJ dismissed the opinions of Drs. Lahtinen and Valley, citing “normal strength, reflexes, and no assistive device use.”

  
  

• Key Point: Fibromyalgia often presents with normal exam findings—even when it causes serious limitations. The Court emphasized that being alert, oriented, and strong on exam does not eliminate impairment.

  
  

2. Superficial Symptom Assessment

• Treatment notes showed pain improvement, which the ALJ used to downplay the condition.

  
  

• Critical insight: Fibromyalgia symptoms fluctuate. Temporary relief does not signal long‑term functional recovery—this must be acknowledged via a symptom diary or longitudinal evidence.

  
  

3. Failure to Address Listing 14.09(D)

• The ALJ concluded fibromyalgia didn’t meet the listing without explanation.

  
  

• Legal standard: ALJs must articulate reasons when denying at listings-level; blank statements won’t do. Lack of any rationale—“less than ideal clarity”—is still legally insufficient.

  
  

4. Misreading Daily Activities & Symptom Testimony

• The ALJ discounted the claimant’s testimony about limitations due to breaks and fatigue during daily tasks.

  
  

• Why it matters: Activities performed with frequent breaks or support aren’t inconsistent with disabling fibromyalgia—they often confirm it.

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Highlighted excerpt:

“Nor are medical records stating that Plaintiff was ‘alert’ and ‘oriented’… a valid reason.”

Practice Takeaways

• Frame the record around the cyclical nature of fibromyalgia—emphasize fatigue, flare-ups, and functional over structural evidence.

  
  

• Counter ALJ shortcuts like citing “alert and oriented” or single physical exams.

  
  

• Enforce listing-level analysis—point out missing or inadequate reasoning.

  
  

• Adduce longitudinal evidence: pain diaries, activity logs, corroborative testimony, sustained symptom descriptions.

  
  

Q&A

Q: Does a normal physical exam disprove fibromyalgia?

A: No. Patients may test normal in strength or reflexes yet still experience disabling pain and fatigue.

Q: Can improvement in treatment notes justify a denial?

A: Not if improvement is temporary. Fibromyalgia ebb and flow must be documented and analyzed over time.

Q: Are daily activities proof against disability?

A: Only when performed consistently without frequent rest or assistance. Occasional, supported activity is not a bar to benefits.

Final Thoughts

This remand is a powerful reminder: surface-level review doesn’t hold up. Fibromyalgia cases demand a robust record—medical opinions, symptom patterns, functional logs, and clear listing linkage.

If an ALJ glosses over flare-ups, twists daily activities, or ignores the listing analysis, you may have a winning appellate issue on your hands.

Got any questions? Schedule a consultation with us. I’m here to help. It’s a lot to take in, but we’ll get through it together. After all, navigating these waters is always easier when you’ve got someone to chat with.