How To Apply For Disability Due To Fibromyalgia: Documents
Can you qualify for disability with fibromyalgia? Fibromyalgia is one of the harder conditions to get approved for as a disability in the United States, and appeal if necessary, If you are suffering from Fibromyalgia and wish to file a Social Security Disability claim, it is important to understand that Fibromyalgia is difficult to prove, disability, For example you can: Identify sleep problems, Her job told her that she should take two more weeks off and that she should see a neurologist and a psychiatrist before they respond to the accommodations, national SSDI lawyers at the Disability Advantage Group, She is currently appealing the STD denial.With a disability like this, Anyone
Va Fibromyalgia Ratings: From 10% To 40% Disabling
With widespread musculoskeletal pain and tender points, with or without associated fatigue, sleep disturbance, stiffness, paresthesia, headache, irritable bowel symptoms, depression, anxiety, or Raynauds-like symptoms.
|Symptoms are constant, or nearly so, and resistant to therapy:||40% rating|
|Symptoms are episodic, with exacerbations often precipitated by environmental or emotional stress or by overexertion, but that are present more than one-third of the time:||20% rating|
|Symptoms require continuous medication for control:||10% rating|
We Will Make Sure Your Disability Benefits Application Is Error
If you hire one of our attorneys for tasks related to your SSDI or SSI application, we will ensure your application is accurate and manage the appeals process as necessary. At our firm, we handle all aspects of your claim, from filing your claim to the appeals process, so that you can focus on your health and well-being.
We will help you understand the SSAs designated conditions and related medical requirements and your status regarding those. If you need further medical evaluation to establish your disability, we can advise you if that is the case.
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What Are Social Security Disability Benefits
These monthly payments are provided to people who cant work because of a medical condition thats expected to last for at least one year or result in death. In order to qualify, you must prove youre too disabled to work and that youve been employed long enough to acquire a certain number of Social Security work credits.
The number of credits you need to qualify for disability varies by the age you became disabled you can see the requirement amounts here.
How much youll receive each month is determined by your earnings history. According to the SSAs monthly statistical snapshot, the average monthly benefit is $1,301.59.
Why Winning Disability Benefits Is Complicated With Lupus And Fibromyalgia
Lupus and fibromyalgia are the kinds of medical condition that change over time. Physical and mental symptoms might unpredictably wax and wane.
Thats difficult to explain to disability claims examiners.
Your medical records also might be complicated if you went to many different doctors searching for an explanation for your symptoms.
Fibromyalgia, in particular, doesnt often come with clearly observable, objective medical evidence to prove it is afflicting your body and affecting your ability to work. A diagnosis relies on your reports of how youre feeling.
Thats a tough hurdle for a Social Security Disability claim.
Social Security requires that a medically determinable impairment come with appropriate medical findings.
When your case reaches the level of a hearing with a Social Security administrative law judge, you might find the judge using this lack of objective diagnosis as a way to deny your disability claim for fibromyalgia.
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Your Fibromyalgia Disability Case
If you are disabled because of a Fibromyalgia disability that prevents you from working prevents you from working, you may well be entitled to Social Security Disability benefits. Although total disability based on a Fibromyalgia condition can be difficult to prove compared to other disabling conditions, working closely with medical professionals and a qualified disability attorney or advocate to collect and present the appropriate documentation to support your disability claim in front of the Disability Determination Services can help to ensure that your Fibromyalgia disability case will have the highest possible chance of success.
Can You Get Disability Benefits For Fibromyalgia
The SSA first screens all disability applications to see if the applicant has a “medically determinable impairment” that is severe. This means you must have a medical condition that has been diagnosed with objective evidence, such as lab tests and medical “signs” of the illness or disease.
In addition, the impairment must “interfere” with basic work-related activities. At later steps, the SSA will consider whether your limitations actually prevent you from doing any type of work.
But the first step is to get a diagnosis of fibromyalgia from your doctor, and preferably from a rheumatologist.
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Applying For Social Security Disability
You should apply for disability benefits as soon as you become disabled. You can complete some or all of the forms online or you may call the Social Security Administration toll-free at 1-800-772-1213 to schedule an appointment. Staff personnel at SSA office can assist you either in person or by phone.
Consider Legal Help As You Seek Social Security Disability Benefits
Disabilities can have adverse effects on your quality of life, as well as the quality of life of those who depend on you. Health conditions do not take your character into account, and you could be in a difficult position through no fault of your own. You may be able to ease your financial burden with assistance from various benefits programs. You can reach out to our Social Security Disability attorney, who can guide you through the benefits process.
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Social Security Ruling 99
SSR 99-2p, pertaining to Chronic Fatigue Syndrome , recognizes the considerable overlap between the symptoms present in CFS and fibromyalgia. It explains that individuals with CFS who have tender points have a medically determinable impairment, and that claimants with impairments that fulfill the American College of Rheumatology criteria for Fibromyalgia may also fulfill the criteria for CFS. However, SSR 99-2p explains, even in cases where the claimant does not have the tender points sufficient to establish fibromyalgia, they will still be found to have a medically determinable impairment. Thus, in SSR 99-2p, SSA has clarified that fibromyalgia which is documented by tender points, as exists here, indeed, is a medically determinable impairment as defined in the regulations.
Lifestyle Behaviors That May Help Fibromyalgia
While medication is available to treat fibromyalgia, these treatments arent effective for everyone.
This means that lifestyle measures are especially important to treat and manage fibromyalgia. They also dont carry any drug side effects, Dr. Goldenberg notes.
Beneficial behaviors for fibromyalgia include:
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Getting Social Security Benefits For Your Fibromyalgia
Fibromyalgia is a widespread musculoskeletal pain and fatigue disorder for which the cause is still unknown. Those that suffer from it experience pain in their muscles, ligaments, and tendons . Patients with Fibromyalgia say they ache all over, as if their muscles are being pulled or overworked. The pain can be throbbing, shooting or stabbing. Some people experience more stiffness in the morning time, or in muscle groups that are used repetitively. Others with Fibromyalgia say their muscles twitch and/or burn. Additionally, they feel an enormous lack of energy, including brain fatigue and feeling like their arms and legs are tied to concrete blocks. People with this illness have a hard time concentrating, sleeping, and experience irritable bowel syndrome and chronic headaches. These symptoms vary from person to person. Fibromyalgia is more common in women than in men and it shows up in people of all ages. Chronic pain syndrome and the Gulf syndrome overlap with Fibromyalgia. For more information about all the symptoms, see the Fibromyalgia Network www.fmnetnews.com. The information below was obtained from this site.
Fibromyalgia Is A Presumptive Condition For Gulf War Veterans:
If you served in the Gulf War and have been diagnosed with fibromyalgia, you do not need to show a nexus between fibromyalgia and military service.
The VA presumes that health conditions are related to Gulf War service if the veteran has experienced them for six or more months. This includes fibromyalgia. The illness must have also appeared during active duty in the Southwest Asia theater of military operations by December 21, 2021, and be at least 10% disabling.
Eligible theaters of operation include:
- Saudi Arabia
- Neutral zone between Iraq and Saudi Arabia
- The Gulf of Aden
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Get On The Same Page As Your Rheumatologist
The story your doctor is telling to the SSA about your symptoms and difficulties should be the same as the story you tell because that builds credibility, Stein says. If youre considering applying for benefits or suspect you may need to in the future, ask your rheumatologist to start writing down the things you can no longer do in his records.
What Modifications Can You Make In The Workplace
If you still have to work, you should talk to your employer about your condition and request them to make modifications to the workplace.
Here are some changes that can help you manage your stress:
- Reducing distractions in the workplace.
- Using written instructions as opposed to verbal instructions since patients usually have poor concentration.
- Providing regular breaks for you to distress and relax. Such breaks can be used to perform stress management routines such as meditation.
- Eliminating or limiting your physical exertion at work since you are already fatigued.
- Offering a flexible working schedule. In some cases, patients even get to work from home.
- Providing task lighting as opposed to fluorescent lights.
- Allowing calls and visits to the doctor.
- Provide organizers and to-do lists to assist with your memory problems.
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How Do I Apply For Disability Benefits Based On Fibromyalgia
An easy way to apply for Social Security disability benefits is to file your claim online at www.ssa.gov/applyfordisability. You can also file a claim over the phone by contacting Social Security at 800-772-1213, but be prepared for long wait times. For more information, please see our article about applying for Social Security disability benefits.
If you have questions or you’d like help with your application, click for a free case evaluation with a legal professional to determine if your fibromyalgia qualifies for benefits.
How Does My Rheumatologist Help Prove That My Ra Is Severe Enough To Qualify For Benefits
As part of the application process, your doctor will have to supply a substantial amount of evidence in the form of X-rays, MRIs, blood work, and results of clinical exams a history of medications and therapies youve tried and the results a medical history that shows how long youve had RA and how its progressed over time, and any other objective information that will help support your case for getting Social Security disability for your rheumatoid arthritis.
In my experience, Ive found that including pictures of affected body parts can often clarify the descriptions of disability that your doctor gives and improve your chances of having your claim approved, Dr. Smith says.
To make your case even stronger, he suggests getting a physical capacities evaluation from a vocational specialist or physical therapist.
While your rheumatologist can provide information about your general capacity to perform the physical tasks associated with your work, its sometimes looked upon as more subjective than objective, he says.
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Am I Allowed To Apply For Benefits If Im Still Working
Ideally, you wouldnt.
You are allowed to apply for benefits if youre doing limited work for limited pay, but it can make your argument that youre too disabled to work more difficult, he explains. But if you have a good story for why youre working maybe you used to work 40 hours a week but youve had to cut back to the point that youre only coming in one day a week because your symptoms have gotten so severe then it may not have an effect on your chances.
Social Security Disability Benefits For Fibromyalgia
The Social Security Administration does not include fibromyalgia in its published Listing of Impairments. Even so, you may still qualify for Social Security Disability Insurance . Social Security will evaluate your medical conditions to see if they meet or equal one of the listings. Even beyond that, you may qualify for disability benefits based on vocational standards.
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What Conditions Automatically Qualify You For Disability
There are no conditions that automatically qualify you for disability benefits. However, the Social Security Administration s Blue Book lists conditions it will consider for review for people applying for disability benefits. Among them are:
- Musculoskeletal disorders
- Special senses and speech
- Respiratory disorders
- Cardiovascular system disorders
- Digestive system disorders
- Genitourinary disorders
- Hematological disorders
- Skin disorders
- Endocrine disorders
- Congenital disorders that affect multiple body systems
- Neurological disorders
- Mental disorders
- Immune system disorders
The SSAs Listing of Impairments Adult Listings contains all these conditions, which apply to adults aged 18 and older. The SSA has identified conditions in these categories to be severe because of how they limit a persons functioning.
If you or a loved one is living with a disability, you could be eligible for Social Security Disability benefits. A Social Security Disability lawyer from Farmer & Morris Law, PLLC, can review your case to determine if your condition qualify for disability payments.
Your Impairment Does Not Have To Be On The Ssas List
If you want to apply for Social Security Disability benefits, it is important to note that your impairment does not have to appear on the SSAs list. Examples of such conditions include carpal tunnel syndrome and celiac disease, among others.
However, you must present a formal diagnosis of your condition to the SSA that shows it is a medically determinable impairment that prevents you from functioning in full capacity. This means your condition must be severe enough to prevent you from working or performing your daily activities. This reduction in capacity is known as the residual functional capacity.
If your disability meets the SSAs requirements, it might consider it to be equivalent to a listed condition. You must obtain this diagnosis from your doctor to prove your condition, but it is only the start of the process. It does not mean you will automatically receive approval for benefits.
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How To Boost Your Lupus & Fibromyalgia Disability Claim
If youre seeking disability benefits as a result of lupus and fibromyalgia, its essential that you see your doctor on a regular basis, so you get a diagnosis that meets the appropriate criteria.
Ongoing medical treatment produces medical records and documentation that are crucial to your claim. Getting consistent care is also a signal to Social Security that your medical conditions are serious, and you are taking them seriously by continuing to seek help.
Your doctor can also complete functional evaluationsshowing how your impairments limit your daily activityfrom your attorney.
Armed with the proper diagnosis, documented impairments, functional capacity evaluations and Social Securitys 2012 ruling, you have a better chance of success getting disability benefits for lupus and fibromyalgia.
Levine Benjamin fibromyalgia and lupus disability lawyers know how to build this case for you.
Representing People With Chronic Pain Due To Fibromyalgia
For decades, people suffering from the effects of fibromyalgia were left to suffer in silence, with many assuming their pain was all in their head. In recent years, fibromyalgia sufferers have started receiving the acknowledgement they deserve from the medical community as well as society as a whole. It is now a condition listed as a potentially qualified ailment by the Social Security Administration .
At Midwest Disability, we represent people who cant work due to fibromyalgia or chronic pain, helping them apply for and obtain disability benefits. As a law firm, we are focused solely on disability claims, and we provide a comprehensive range of services. From helping you prepare your initial application to arguing your case before an appeals court, we are committed to helping you obtain the benefits you deserve. We have even argued disability cases before the United States Supreme Court.
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What Medical Evidence Do You Need
Social Security calls medical evidence the cornerstone for proving a disability application.
The most important evidence you can provide comes from medical professionals who treated you for your impairment.
Hold on to all of your medical records from treatment for lupus. Youll need these records for your application or appeal. A professional advocate can also help you gather all the evidence you need.
Social Security looks for evidence of these main points:
- Existence of impairment, including the objective medical evidence that you have an impairment
- Severity of impairment, establishing how your impairment affects your ability to work
- Non-medical sources, including statements from coworkers, family members, and others who know you
Additional Information That May Impact Your Benefits Eligibility
The SSA outlines some of the requirements to apply for benefits under SSDI and SSI. They include:
- Having a condition that has prevented you from working for at least one year
- Being at least 18 years of age
Beyond these basic requirements, the SSA will request several types of information as part of your application. Your answers to these questions and your ability to provide various forms of documentation may directly impact your eligibility for benefits. Some questions on the Checklist for Online Adult Disability Application may ask about:
- The age you were at the time that you became disabled
- How many years you participated in the workforce before becoming disabled
- The nature and severity of the medical condition that causes you to be disabled
- Your marital status
- Whether you have any dependents
- Whether you can complete any type of work to earn an income
- Your education and work history
Your ability to provide thorough documentation about the nature of your medical condition and the date of the conditions onset is essential in determining your eligibility for benefits through SSDI and SSI.
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