Tantalum makes an excellent point. 

Personally, I fully agree that Fury is helluva OP when held in the intermediate tier. This has become very clear to those of us who review and accept characters, as we're always trying to determine how balanced a character is according to the rest of the multiverse, and we're almost forced to make a separate fury-tier that characters can tempoarily power up to for them to not get insta-killed in his presence. 

That being said, there's no -actual- problem with that. Most of the intermediate characters are unable to deal with Fury, but would never fight him unless they sought him out. His overpowered nature is only a problem in an applied fight, and since we can decide, at all times, whether or not we want to fight someone, people would only be fighting him by their own choice.

In a perfect world, he'd either scale down, or boost up (permanently) to high-tier, but it's not something to make mountains out of molehills for.