Court Remands SSDI Case for Absenteeism Review Due to Severe Migraines

In Conrad v. Kijakazi, Melissa Conrad filed for Social Security Disability Insurance (SSDI) in 2017, asserting a disability onset date of January 1, 2013. She cited chronic obstructive pulmonary disease (COPD), migraines, depression, and other conditions that she argued prevented her from working. Her SSDI application was initially denied, prompting Conrad to request a hearing. An Administrative Law Judge (ALJ) ultimately awarded her Supplemental Security Income (SSI) starting from November 2017 but denied SSDI benefits for her insured period ending December 31, 2015. Conrad subsequently appealed this decision to the U.S. District Court for the District of Massachusetts.

Procedural History and ALJ Findings

After her initial SSDI application was denied, Conrad filed for SSI in November 2017. The ALJ, reviewing her case in 2020, concluded that Conrad’s health conditions did not meet the criteria for SSDI disability during her insured period. The ALJ found that while her migraines were a severe impairment, her other conditions, such as fatigue and depression, did not significantly limit her functional capacity before December 31, 2015. Accordingly, SSDI eligibility for that period was denied, though Conrad was granted SSI benefits from her November 2017 application date forward.

Medical Evidence of Absenteeism and Migraines

Throughout 2013 and 2014, Conrad’s medical records indicated regular treatment for COPD and migraines. Her COPD was managed with inhalers, and her sleep apnea was treated with a CPAP machine, which improved her energy levels. However, migraines and chronic pain syndrome continued to affect her, resulting in frequent doctor visits, emergency room treatments, and Botox injections. By 2015, records showed worsening migraines, with treatment efforts providing only partial relief. Despite these records, the ALJ found that Conrad’s impairments, apart from migraines, were not severe enough to justify SSDI benefits.

At the 2020 hearing, Conrad testified that her pain and fatigue limited her ability to work consistently. Her attorney argued that her migraine-related absenteeism would significantly impact her employment capacity. The ALJ, however, assessed her residual functional capacity without accounting for frequent absenteeism, finding that she could perform work with certain limitations on interaction and noise exposure. Conrad appealed, arguing that her documented absenteeism and severe migraines warranted further consideration.

Court’s Decision and Remand for Absenteeism Review

The District Court determined that the ALJ’s decision did not adequately address the impact of Conrad’s absenteeism. The court referenced similar cases, such as *Sacilowski v. Saul*, where absenteeism affected eligibility for full-time work. The court noted that Conrad’s migraine treatments and emergency visits pointed to a pattern of frequent absences that could interfere with consistent employment. Based on this evidence, the court remanded the case to the SSA for a detailed review, directing the ALJ to reassess Conrad’s absenteeism in evaluating her pre-2015 SSDI eligibility.

The court’s remand underscores the role of absenteeism in determining SSDI eligibility for applicants with chronic conditions. The case was sent back to the SSA to fully consider the impact of Conrad’s migraines on her work capacity, with a focus on her ability to maintain consistent employment during the insured period.