Britton v. Colvin

Gina Britton (plaintiff) filed for federal disability benefits, claiming she suffered from migraine headaches, fibromyalgia, dystonia, and other ailments. Britton alleged that, due to her impairments, she could not work, could only walk, stand, or sit without changing position for short periods, and could only lift five to ten pounds. At an administrative law hearing, a medical expert, Dr. McBarron, testified that Britton met the criteria for fibromyalgia. Fibromyalgia was not a listed disability or a disability recognized by the Social Security Administration. McBarron also testified that Britton was capable of performing light work. McBarron likewise testified that someone suffering from migraines three to four days per month must rest during the migraines and that the migraines can last two to four hours. When discussing Britton’s migraines, McBarron relied on Britton’s testimony regarding the frequency, duration, and intensity of the migraines. At the hearing, a vocational expert testified that Britton was capable of performing jobs that she had done in the past, such as work as a sales clerk. When the administrative-law judge examined the vocational expert, the judge did not include Britton’s migraines as part of the hypothetical questions relating to job seekers with various impairments. The administrative-law judge found that Britton could carry, sit, and stand to a far greater degree than she claimed. Based on this finding and the testimony of the vocational expert, the judge held that Britton could perform light work with certain limitations and denied Britton’s claim for disability benefits. The Social Security Appeals Council denied review of Britton’s case. Britton appealed to the district court, which affirmed the administrative-law judge’s ruling, and Britton again appealed. Britton argued that the administrative-law judge erred by not including her migraines when questioning the vocational expert and failing to reasonably weigh the medical evidence from McBarron that Britton had fibromyalgia.