Disability for Fibromyalgia Lawyer
Disability benefits for fibromyalgia are available from the Social Security Administration (SSA) if you are unable to work. Disability for fibromyalgia can arise from several different risk factors. Fibromyalgia can also cause several different serious complications that can serve as a basis for social security disability benefits.
1. Acceptable Documentation: Fibromyalgia is a difficult to diagnose disorder and you may see many different doctors before getting a proper diagnosis. The SSA considers medically acceptable diagnosis and documentation for fibromyalgia from a rheumatologist as the strongest evidence.
Records and reports from hospitals, clinics, nurses and other treatment providers are also considered in the SSA evaluation but are not enough to establish a claimant’s disability for fibromyalgia without proper medical documentation and a diagnosis from a rheumatologist or other fibromyalgia specialist.
It is also very important to have documentation over an extended period of time. What Social Security refers to as “longitudinal evidence”. Because a person’s functional limitations from fibromyalgia can vary over time it is vital to have documentation over a sufficiently long period of time.
2. Non-medical Documentation: Documentation from family members, co-workers and others who have knowledge of the claimants functional limitations due to fibromyalgia can also be helpful in providing information regarding activities of daily living and work limitations.
3. American College of Rheumatology (ACR) Criteria: It is very important to have documentation from a doctor familiar with fibromyalgia (rheumatologist) who can make a diagnosis based on the two criteria established by the ACR:
• a history of widespread pain lasting more than 3 months, and
• the presence of tender points.
4. Loss of Function Evidence: This is probably the most important factor Social Security uses to determine your disability benefits for fibromyalgia. Regardless of the cause of your fibromyalgia impairment, functional loss refers to an inability to walk effectively on a sustained basis, or inability to perform fine and gross movements effectively on a sustained basis. The SSA is more concerned with how your fibromyalgia affects and limits your ability to work rather than the fact you were diagnosed with fibromyalgia. The key is documentation describing your pain over an extended period of time with specific examples of how your pain limits your ability to function.
Detailed information about your activities of daily living and functional limitations is very helpful in documenting your disability for fibromyalgia. This is an area that many claimants neglect and leads to denials for their case. Claimants should complete what are referred to as residual functional capacity (RFC) forms.
Residual Functional Capacity Forms (RFC): Residual functional capacity forms can also provide strong evidence for Social Security when they are evaluating your claim of disability benefits for fibromyalgia. At the initial, reconsideration or CDR level, the SSA will do an RFC assessment.
However, you can have your own treating doctor (preferably a rheumatologist or other fibromyalgia specialist) fill out a residual functional capacity form. This form can then be used to show the functional limitations caused by your fibromyalgia.
5. Medication Side-Effects: This is another overlooked factor that can provide additional evidence of your disability for fibromyalgia. Many people who suffer from fibromyalgia have to take medication to manage their symptoms. Side-effects of pain medication can interfere with a claimant’s daily activities. Documentation of any adverse effects is important because it provides additional evidence of the severity of your fibromyalgia and will be included in Social Security’s assessment of your residual functional capacity.
6. Combination of Impairments: Fibromyalgia affects almost every area of the body causing muscle pain and tender points. It is important to have documentation and present evidence of your combination of impairments caused by fibromyalgia. An example would be a claimant diagnosed with fibromyalgia who also suffers from chronic fatigue syndrome and depression that affects their ability to do normal everyday activities because of chronic pain and fatigue.
You need to provide documentation of multiple complications from your fibromyalgia along with other disorders and disease such as arthritis or depression. If you then argue that the combination of impairments prevents you from normal activities of daily living you will have a much stronger argument that you are disabled.
Fields Law fibromyalgia disability lawyers will assist you in getting the medical tests you need to document your disability for fibromyalgia. If you are unable to work because of fibromyalgia we can help you apply for social security disability benefits for fibromyalgia. If you have been denied disability benefits we can appeal your case.
We offer a Free case review. Our Minnesota disability lawyers understand how frustrating it is to have fibromyalgia and be denied disability benefits when you are unable to work. There are never any fees unless we win your disability case.
We are a Minnesota Disability Law Firm dedicated to helping people in Minnesota get the Social Security Disability benefits they deserve.
Minnesota Social Security