Christine Swiecichowski v. Leland Dudek

CourtCourt of Appeals for the Seventh Circuit
DecidedMarch 31, 2025
Docket22-2011
StatusPublished

This text of Christine Swiecichowski v. Leland Dudek (Christine Swiecichowski v. Leland Dudek) is published on Counsel Stack Legal Research, covering Court of Appeals for the Seventh Circuit primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Christine Swiecichowski v. Leland Dudek, (7th Cir. 2025).

Opinion

In the

United States Court of Appeals For the Seventh Circuit ____________________ No. 22-2011 CHRISTINE SWIECICHOWSKI, Plaintiff-Appellant, v.

LELAND DUDEK, Acting Commissioner of Social Security, Defendant-Appellee. ____________________

Appeal from the United States District Court for the Eastern District of Wisconsin. No. 2:21-cv-00249 — Stephen C. Dries, Magistrate Judge. ____________________

ARGUED APRIL 12, 2023 — DECIDED MARCH 31, 2025 ____________________

Before SCUDDER, KIRSCH, and LEE, Circuit Judges. LEE, Circuit Judge. Christine Swiecichowski challenges the denial of her claim for disability insurance benefits. On ap- peal, her arguments focus on the administrative law judge’s (“ALJ”) evaluation of her fibromyalgia. We appreciate the ALJ’s detailed review and discussion of the record. Fibrom- yalgia, however, has unique properties, and it is unclear from the record whether the ALJ performed the analysis required 2 No. 22-2011

by the Social Security Administration’s fibromyalgia guid- ance. We therefore vacate the judgment and remand for fur- ther proceedings. I. A. Medical History Swiecichowski worked in a warehouse for over thirty years from 1987 until 2018. That year, she quit her job due to increasing symptoms and pain from her fibromyalgia, depres- sion, issues with her right arm and wrist, and spinal disor- ders. Because Swiecichowski’s appeal focuses on her fibrom- yalgia and fibromyalgic pain, we consider the medical records related to that issue. In July 2018, Swiecichowski had two appointments with her primary care provider, Dr. Manisha Chaturvedi, during which she complained of chronic back and arm pain. Dr. Cha- turvedi wrote a note for Swiecichowski to take two weeks off work because she was “unable to perform any [work] duties” and referred her to a pain management specialist. In late July 2018, Swiecichowski began seeing Dr. Hind Gautam, a pain management doctor, for treatment for her pain. In early August 2018, Swiecichowski saw another doctor, Dr. Sany Khabbaz, for her chronic pain. This appears to be the first time that Swiecichowski was diagnosed with fibromyal- gia. We surmise this from the doctor’s note indicating that even though various medical tests, including electromyogra- phy (“EMG”) and magnetic resonance imaging (“MRI”), were unable to identify the cause of Swiecichowski’s pain, she still reported “significant pain throughout,” was “sensitive” to the touch, and had “multiple areas of trigger points.” This last statement is illuminating because the “trigger-point No. 22-2011 3

assessment” is the only recognized test for diagnosing fibrom- yalgia. 1 Indeed, a couple of weeks later, Dr. Chaturvedi dis- cussed the fibromyalgia diagnosis with Swiecichowski during her visit. From September 2018 to May 2019, Swiecichowski visited Dr. Gautam regularly and received several prescriptions, in- jections, and referrals for physical therapy. But none of the treatments were effective, and she continued to experience se- vere pain. In June 2019, Swiecichowski met with Karen Burr, a nurse practitioner, to evaluate her fibromyalgia. Nurse Burr admin- istered the trigger-point test and noted that twelve out of the eighteen trigger points indicated positive for fibromyalgia. After this, Swiecichowski had a few more appointments with Dr. Chaturvedi and other physicians, but none related specif- ically to fibromyalgia. B. Administrative Proceedings In October 2018, Swiecichowski applied for disability ben- efits, alleging that she was disabled beginning on October 16, 2018. 2 In her application and at a hearing before the ALJ, Swiecichowski described how her impairments limited her ability to work. According to Swiecichowski, she had quit her warehouse job in July 2018 because of debilitating pain, and

1 The test involves pressing down on eighteen fixed locations on the body. Generally, if the patient flinches at eleven or more locations, she is deemed to have fibromyalgia. See Vanprooyen v. Berryhill, 864 F.3d 567, 572 (7th Cir. 2017); Sarchet v. Chater, 78 F.3d 305, 306 (7th Cir. 1996). 2 Swiecichowski originally had alleged that her onset date was July 17, 2018, but later amended it. 4 No. 22-2011

she did not try to find a less physically demanding job, in large part because she could not sit or stand for long periods of time. Swiecichowski also attested that she could not lift or bend and that she needed to change positions throughout the day. As for her ability to perform daily activities, Swiecichowski explained that she could perform chores on “good days” but needed “to take breaks” and “go sit down for a while.” And she often depended on her partner or other family members to complete the chores. Swiecichowski noted too that she was able to feed and sometimes play with her dogs, but her wife was their primary caretaker. Furthermore, Swiecichowski stated, she was limited to cooking only simple meals (such as sandwiches, microwave dinners, or cereal), and she went shopping weekly but the duration of the trip would “depend[] on how [she was] feeling.” Swiecichowski was able to drive but only drove to doctor’s appointments or to visit her family, who lived five minutes away. Finally, Swiecichowski testified that she tried to go outside the house at least once per week, but this “depend[ed] on [her] pain level.” In June 2020, the ALJ denied Swiecichowski’s application for disability benefits. The ALJ followed the agency’s pre- scribed five-step process for determining whether a claimant is disabled: (1) whether she is employed; (2) whether she has a severe medically determinable impairment; (3) whether her impairment is one that the agency considers automatically disabling; (4) if not, whether she can perform her past relevant work; and (5) whether she is capable of performing any work in the national economy. See 20 C.F.R. § 404.1520(a)(4); Kastner v. Astrue, 697 F.3d 642, 646 (7th Cir. 2012). No. 22-2011 5

Between steps three and four, the ALJ determined Swiecichowski’s residual functional capacity (“RFC”), which is defined as “the most physical and mental work the claimant can do on a sustained basis despite her limitations.” Mandrell v. Kijakazi, 25 F.4th 514, 516 (7th Cir. 2022) (citing 20 C.F.R. § 404.1545(a)). The ALJ used this RFC in the evaluation of steps four and five as prescribed. See 20 C.F.R. § 404.1520(a)(4)(iv), (v). As relevant here, the ALJ determined that Swiecichowski had multiple severe impairments—fibromyalgia, disorders of the spine, disorders of the right arm and wrist, and major de- pressive disorder. But, the ALJ concluded, none of these im- pairments were automatically disabling, either alone or in combination. Moreover, the ALJ found that Swiecichowski’s “allegations of disabling symptoms and limitations are not fully consistent with the totality of the evidence.” In arriving at this conclusion, the ALJ discounted Swiecichowski’s subjective complaints about her pain symp- toms on several grounds. First, the ALJ pointed to the EMGs and MRIs of Swiecichowski’s spine and right arm, which only showed “relatively mild” problems.

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