While the disease is identifiable medically, it can be difficult to prove legally in a Social Security Disability case. Anyone who comes in contact with patients with Fibromyalgia Syndrome (FMS) knows its disabling effects. However, much about the disease remains unknown. One Social Security Judge referred to it as a “pervading mystery – its cause, duration and functional limitations.” These cases can be won as Social Security claims if the symptoms and the functional effects are made clear to social security.
Fibromyalgia cannot be established by an objective test such as X-ray, CT Scan or MRI. There is no lab test to demonstrate it, though there are promising breakthroughs on brain imaging. FMS is only diagnosed by documenting the patient’s pain at certain “tender points” on the body, and correlating this information with reports of depression and sleeplessness. It is important to record how this debilitating disease impacts the ability to perform ordinary tasks.
Even within the medical community, there are questions as to whether Fibromyalgia should be treated as a mental or physical impairment. This confusion causes a lot of trouble in the in the legal world of a Social Security claim; cases are often denied unless they fit easily into definitions set out in government regulations.
Psychological problems are entangled with physical pain for these patients. The pain can cause depression, and a vicious cycle is formed where the depression intensifies the pain.
How to Prove Your Fibromyalgia Disability
Proving that you are disabled because of fibromyalgia is a challenge, but it is not impossible. Ultimately, you need to demonstrate a specific connection between your pain and your inability to perform the regular tasks associated with your job. General references to hurting all over or being unable to concentrate will rarely, if ever, show that connection. You will need to be much more specific about your pain and how it impairs your daily ability to function at work.
Although there is no definitive mechanism that you can use to prove a fibromyalgia disability, you can do a few things that will enhance the validity of your long-term disability claim:
- Report to your healthcare providers exactly where you experience pain (e.g., shoulder joints, hips, etc.) and what specific activities you are unable to do because of it.
- Maintain a daily journal in which you record how you felt when you woke up, whether your fibromyalgia pain got better or worse during the day, and what you were able to do to alleviate it (e.g., use prescription or over-the-counter painkillers, stretching, etc.)
- Collect evidence about how your pain limits your functionality and compare your abilities before you begin to experience it. You can use notes from employers and statements from co-workers, friends, and family members.
- Schedule regular visits with your physicians, alternative medicine practitioners, and other care providers, and follow all of their recommendations.
- Apply for Social Security Disability benefits and pursue other avenues of recovery to demonstrate your efforts to collect some income in spite of your pain.
No single piece of evidence will establish the validity of your claim, but the aggregate of all this information can be persuasive. Further, the information should show a consistent pattern of how your pain affects your lifestyle and daily activities.
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Social Security Cases
For a Social Security case, any claim based on pain must be proven by demonstrating some definable underlying cause. Therefore, on a physical basis, these cases become difficult to win.
Rheumatologists with expertise in this illness can often diagnose the syndrome, but the problem is that pain itself is the condition. The pain cannot be legally proven by objective means, although it may be clear enough for a medical diagnosis. Careful notes from a treating rheumatologist can be key to winning a claim.
The pain of Firbomyalgia can sometimes be quantified and proven with psychological assessments. This can demonstrate pain by scoring on specific tests. While some Fibromyalgia claimants may be offended by the suggestion that there is a psychogenic aspect to their conditions, they need to understand that social security considers pain under psychological rather than physical criteria. This does not mean the physical pain is not present, just that this is the way to present it clearly to the judge.
Diagnosises of depression and possibly of somatoform disorder are concepts that do fit into social security’s listings of Impairments, and judges can recognize these diagnoses. Such functional impairments as decreased concentration, impaired memory, diminished social functioning and deterioration in work settings all need to be carefully documented to prove the cases.
If you are unsure about how to use the information you have to prove your disability, consult with a knowledgeable disability claims denial lawyer. They can help you gather, organize, and submit the evidence in a way that improves the odds that your fibromyalgia disability claim will be approved. You can also download our free Social Security Disability E-book, which provides a wealth of information.
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