Can I Get Social Security Disability for Fibromyalgia?
Social Security has Impairment Listings for Heart Ailments, Back Ailments, etc. Fibromyalgia is not found among the Impairment Listings. Thus, an applicant can’t obtain a favorable disability “Impairment Listing” ruling because Fibromyalgia is not found among the Listings. The inquiry must proceed further.
Social Security has a 5 step disabilty process. First, if you’re working, then the inquiry stops. Second, if you don’t have a “severe impairment,” the inquiry stops. Third, if you’re not working and you have a “severe impairment” the next inquiry is does your “severe impairment” meet or equal a Listed Impairment. You can’t win a fibromyalgia case at this step because there is no listing for fibromyalgia although it can be a “severe impairment” and get you past step two. Thus, with a fibromyalgia case, you’ll have to go to step four. At step 4 the judge must decide if you can do your past relevant work (PRW). This is any work you did in the past fifteen years prior to your onset of disability. If the judge finds you can’t do PRW, then you go to step 5 which is can you do any other work in the national economy. All my fibromyalgia cases have gone to step five.
Social Security has begun to recognize fibromyalgia as a legitimate impairment:
One additional beneficial idea relevant to this topic area. On May 11, 1998 the Deputy Commissioner for Disability indicated as follows: Fibromyalgia is a disorder defined by the American College of Rheumatology (ACR) and we recognize it as medically determinable if there are signs that are clinically established by the medical record. The signs are primarily the tender points. The ACR defines the disorder in patients as “widespread pain in all 4 quadrants of the body for a minimum duration of three months and at least eleven of the eightteen specified tender points which cluster around the neck and shoulder, chest, hip, knee, and elbow regions.” Other typical symptoms, some of which can be signs if clinically documented over time, are irritable bowel syndrome, chronic headaches, temporomandibular joint dysfunction, sleep disorder, severe fatigue, and cognitive dysfunction.
Fibromyalgie en acupunctuur, ORES – YouTube
Thus, with the above in mind, you try to win a fibromyalgia case with a report from a doctor who specializes in arthritis or rheumatology and who can state the claimant’s case meets the above guidelines & the impairment is so severe it affects the claimant’s functions to such a degree the claimant can’t work. On the other hand, the doctor needs to itemize how the fibromyalgia adversely affects standing, walking, lifting, sitting, reaching, etc. The doctor’s treatment records need to support his disability report. Recently, I’ve good success in this area. Having said that, there still is a lot of prejudice out there against fibromyalgia.
For more advice, you can contact us at www.virginiadisabilitylawyer.com or email us at jervalaw@aol.com or reach us at http://www.geraldlutkenhaus.com
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Gerald G. Lutkenhaus, representing Social Security Disability claimants for thirty years in the Central Richmond Area in Virginia. Given Martindale Hubbell’s highest rating in 2003, http://www.virginiadisabilitylawyer.com
2 Responses to “Can I Get Social Security Disability for Fibromyalgia?”
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Symptoms of bone pain, feeling low blood circulation in legs, sharp pains and dull pains? For a while, maybe about a year now, I’ve been having this throbbing pain in my bones. Mostly on my arms, but sometimes on my lower back and upper neck legs and feet. Almost every day, my left leg feels like it has low blood circulation and sometime from the left side of my lower back all the way down to my feet, i feel like a dullness, or numbness. It's hard to explain how the numbness feels. It just feels like my muscles are crying for blood and can’t get it. I try to walk and exercise, but have limited movement because of an injury i had long ago. I've seen almost five specialist in the past 3 years and they can’t tell me anything. On a scale from one to 10, i would say the pain is right at a 5. My doc doesn’t think I’ve rheumatoid. X-rays and MR-Is haven’t provided information. They just give me medicine that really doesn't work. My legs are stiff when i walk and i notice i can’t walk straight and just feel awkward walking, like i'm wobbling or waddling. I’m only seventeen years of age and female. Can anyone tell me anything? I’m changing doctors, but would like to know if anyone has felt the same thing or had a family member and knows what the symptoms can be.
See your health care provider as soon as possible (rheumatologist), for consultation. Fibromyalgia is a painful and frequently long-lasting set of pains. Fortunately, fibromyalgia doesn't progress to crippling, but there can be substantial disability from pain and fatigue. People with fibromyalgia syndrome (FMS) have tender points at eightteen specific places on the body and usually have sleep problems so that they awaken feeling as though they never had been to sleep at all. They may also have irritable bowel syndrome, morning stiffness, anxiety, and other symptoms, such as memory problems. Both rest and exercise are important for musculoskeletal problems. A regular adequate sleeping pattern seems essential for many people with these problems. Try to relax and gently stretch the involved areas. Warm baths, massage, and stretching exercises should be employed as frequently as possible. Lyme Disease–The disease has 2 distinct Phase, acute and chronic, both of which have highly variable symptoms. The best-known early symptoms, the bull's-eye rash, affects about eigthy percent of victims. Other early symptoms can include all, some, or none of the following: headache, chills and fever, acute arthritis, and sore muscle. If not recognized or treated promptly. Lyme can lead to neurological and cardiac complications. Your doctor should check for lyme disease also. I hope this helps you. And good luck.