Martha Woody v. Michael Astrue

MEMORANDUM

Plaintiff-Appellant Martha L. Woody appeals the decision of the district court remanding her Social Security disability insurance benefits claim for further proceedings before the administrative law judge (“ALJ”) rather than for a determination of benefits. This court has jurisdiction over the appeal under 28 U.S.C. § 1291 . We reverse and remand to the district court with instructions to remand to the Commissioner for an award of benefits.

The ALJ determined that, in combination, Woody’s fibromyalgia, migraine headaches, diabetes mellitus, insulin dependence, right shoulder injury, right knee surgery, and back and neck pain along with cervical spondylosis amounted to a severe impairment. Nonetheless, the ALJ found Woody’s testimony regarding her pain and symptoms not fully credible, even though her impairments could be expected to produce at least some of the alleged symptoms. The ALJ then made a residual functional capacity (“RFC”) determination, finding jobs in which Woody could work despite her limitations.

As the district court found and both parties agreed, the ALJ committed legal error by rejecting Woody’s pain testimony without identifying specific reasons…