The ability to work may be impacted by many things, including physical or mental illness, or disability from injury. A condition that often makes it impossible for a person to remain gainfully employed is fibromyalgia. Because fibromyalgia was only acknowledged as a serious problem within the past few decades, many people with this disorder are still initially turned down for benefits. If you suffer from this condition and are unable to work, you will be pleased to discover that a qualified Social Security disability lawyer can help you navigate through the process of applying for benefits. Below are some common pitfalls associated with fibromyalgia disability claims and the best way they can be resolved.
Proof of Impairment
It is essential to recognize that Social Security regulations require proof of your condition and that even with treatment and medication, you are incapable of earning a living. The Social Security Ruling 2012-2P and the American College of Rheumatology have created complicated diagnostic criteria for fibromyalgia sufferers seeking disability benefits.
Among other aspects of this criteria is the demand for a targeted exam and extensive medical history, including the results of additional tests, which are given to rule out other reasons for your symptoms.
In many cases, a primary care provider diagnoses the condition without doing the trigger point examination and blood tests that are deemed necessary for proper diagnosis. If this is the case, the Social Security Administration may view this as not enough proof that you are permanently and completely disabled.
For this reason, you should ask your doctor to conduct a comprehensive exam, including the trigger point test, blood work and anything else necessary to arrive at a definitive diagnosis. This may take some time, as the disorder is considered a “condition of exclusion,” which means other reasons for your symptoms must be ruled out before a final diagnosis of fibromyalgia is made.
Up-to-Date Evaluation
Another extremely common mistake made by applicants suffering from fibromyalgia is that a one-time diagnosis in the past will serve as proof years later that the current symptoms of pain or fatigue are due to the earlier diagnosis of fibromyalgia.
Therefore, it is in your best interest to contact your doctor or rheumatologist to confirm whether your current symptoms are still consistent with your original diagnosis.
Initiative
It is also important to prove you are doing everything you can to pursue all treatments available for your condition, such as physical therapy, lifestyle changes, medications and even chiropractic care. If you have not exhausted all suggested treatments for your disorder, it may result in your claim being denied until such therapies have been pursued.
Time Frame of your Disability Claim
Additionally, Social Security regulations require proof that you have been evaluated by a medical doctor who expects the time frame of your disability to be at least a year or longer, and that your symptoms make it impossible for you to work in any capacity. A Social Security disability attorney can give you additional advice about other paperwork or medical records you will need to successfully file a claim.
Legal Representation of Your SSD Claim
If your claim is initially denied, as is the case for many individuals, it is wise to obtain advice from an experienced Social Security disability lawyer if you choose to appeal the decision. Although this is not a requirement, it increases your chances of a positive outcome.
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