Thursday, April 18, 2024

Can You Get On Disability With Fibromyalgia

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Is Fibromyalgia Considered A Long

How do you get disability benefits for fibromyalgia?

Patients with fibromyalgia may experience significant pain throughout their body for hours or even days at a time. Though the intensity of the pain may come and go over time, the unpredictability of symptoms makes it challenging to work and take part in other activities.

Other symptoms of fibromyalgia, such as difficulty sleeping, mood disorders, chronic fatigue, and intestinal distress, can also affect someones ability to work. Because of these factors, fibromyalgia can be considered a long-term disability, provided you get the right supporting evidence and documentation.

Fighting Fibromyalgia Disability Benefit Denials

Fibromyalgia is a chronic disorder that affects about 5 million Americans.

Symptoms of fibromyalgia include intense pain and aching in the muscles and soft tissues throughout the body including specific tender points. Patients may also suffer chronic fatigue, cognitive dysfunction, irritable bowel syndrome, and depression or anxiety.

The exact cause of fibromyalgia is not known. It may involve different factors that, when working together, affect the way the brain processes pain. Research suggests triggers for fibromyalgia may include:

  • Genetics
  • Physical trauma
  • Certain illnesses or infections

While fibromyalgia does not damage the joints or organs, the constant pain and fatigue has a devastating impact on daily life. Although the chronic pain associated with fibromyalgia is real, there is no lab test or X-ray to diagnose it. Doctors diagnose fibromyalgia based on a patients symptoms and physical exam.

Getting approved for fibromyalgia disability benefits can be tough. But with the right attorney to help, you can get the benefits you deserve.

How To Win A Fibromyalgia Case

Fibromyalgia cases are notoriously difficult to win, but there are a few things you can do to increase your chances of a successful application:

  • Get help from an experienced long-term disability lawyer. Your claim can suffer if you make errors in the application process or accept fibromyalgia treatments that fall outside the scope of currently acceptable standards.
  • Follow your doctors treatment plans exactly as prescribed. Straying from the plan can affect your claim.
  • Keep a diary outlining how your symptoms affect your day-to-day life. Dont underestimate the psychological effects of your illness in your entries, as the mental effects are some of the most difficult to prove in a fibromyalgia disability claim.
  • Be specific about how your symptoms impact your ability to work. If your job requires you to stand most of the day but your symptoms cause full-body pain and weakness, note it down.

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Can I Get Social Security Disability Ssdi For Fibromyalgia

Claims based on Fibromyalgia need to be credible and supported with strong medical evidence

Does Social Security consider Fibromyalgia to be disabling?

How exactly does Social Security evaluate a disability claim based on Fibromyalgia?

Step 1: Non-Medical CriteriaStep 2: Severe ImpairmentStep 3: Medical ListingsStep 4: Past WorkStep 5: Other Work

Wondering If You Qualify?

Find out if you qualify for Social Security Disability benefits in just seconds with our free evaluation.

Does Having Fibromyalgia Qualify You For Disability

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The standard for eligibility for Social Security Disability benefits or Supplemental Security Income is not typically based on a specific medical condition. Eligibility is determined around having a medically diagnosed condition which makes a person unable to earn a substantial income through work. If your Fibromyalgia symptoms have interfered with your ability to work, and you can no longer sustain full-time work, it may be time to consider applying for disability benefits.

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Filing For Social Security Disability With Fibromyalgia

If you are suffering from Fibromyalgia and wish to file a Social Security Disability claim, there are some things you need to know. First and foremost, it is important to understand that Fibromyalgia is difficult to prove. There are no laboratory tests that can confirm or exclude the condition. In order to diagnose Fibromyalgia your doctor will need to rely on your medical history, exclusionary testing and a comprehensive physical exam.

In order to be diagnosed with Fibromyalgia you must have been experiencing the symptoms of the condition for at least three months. You must also have points on your body that are sensitive to touch and tests must be run to rule out other conditions that may be causing the symptoms. You may have to undergo many tests and visit many doctors before getting a firm Fibromyalgia diagnosis.

Can I Get Disability Because Of Fibromyalgia

The Americans with Disabilities Act does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. Therefore, some people with fibromyalgia will have a disability under the ADA and others will not.

Because fibromyalgia is difficult to diagnose — typically, health care providers rule out other conditions through a physical exam and various blood tests — it’s important that you do your homework before you apply for disability.

According to federal regulations, to qualify for disability you must prove that you have a severe impairment. You also need to prove that the impairment limits your physical or mental ability to do work.

The Social Security disability regulations define disability as “the inability to do any substantial gainful activity due to your medical or mental problem.” In addition, according to the Social Security Administration, your condition must interfere with basic work-related activities. If it doesn’t, your claim won’t be considered. Instead, Social Security will find that you are not disabled.

The combined effect of having multiple impairments is taken into account. That can be important for many people with fibromyalgia. You must be unable to do your previous work or any other substantial gainful activity. Your age and education are considered, as well as your remaining abilities and your work experience.

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Filing An Internal Appeal

Insurance carriers provide an opportunity to file an internal appeal following a denial. This appeal is simply a reconsideration of your claim and supporting information by the insurance company. Unless there is an easy-to-fix technicality in the denial letter, a disability lawyer may determine that an internal appeal is unlikely to change the insurance companys mind.

Our lawyers may be able to help you decide if this is a necessary step or if we need to pursue another option on your behalf.

Cck Understands Fibromyalgia Disability Claims

Does Fibromyalgia Qualify you for Disability Benefits?

Those living with Fibromyalgia may experience a wide array of physical and cognitive impairment as a result of their condition. Since pain caused by Fibromyalgia can flare and resolve, a person with the condition may be able to carry on their normal job duties one week, but not be able to leave bed the next. Severe, frequent pain caused by the condition can greatly impact a persons ability to remain working, especially for those working in physically demanding jobs.

Fibromyalgia can also lead to impaired cognitive function, such as trouble concentrating and memory loss the effects of this fibro fog can make administrative tasks much more difficult and can dramatically impact your ability to perform in the workplace as you once did. In addition, the fatigue caused by the condition sometimes does not improve, even with a full night of sleep. Regular full-time work can prove to be incredibly challenging to maintain when suffering cognitive deficiencies and severe fatigue.

If your long-term disability claim for Fibromyalgia has been denied by the insurance company, consider consulting an experienced ERISA or LTD attorney as soon as possible.

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Request For Doctor Clarification

You may feel you have a legitimate claim and have supplied adequate verification of your fibromyalgia diagnosis to be approved for the Disability Tax Credit. However, the Canada Revenue Agency has stated that diagnosis alone whether for fibromyalgia or any other condition is not sufficient to qualify for DTC benefits. As a result the doctor or qualified medical practitioner must provide clarifying details relative to your impairment and how it affects your ability to perform at least 1 of the basic activities necessary for daily living.

Evaluating Your Fibromyalgia Symptoms Under Ssa Disability Guidelines

Next, you should know what the SSA looks for when reviewing fibromyalgia claims for disability. As you probably know, no fibromyalgia test exists. Instead, most doctors look at many different symptoms that persist over time to make a diagnosis. And, in fact, thats exactly what the SSA looks for in your disability claim. Here are the three steps your claims examiner will take when reviewing your claim for fibromyalgia:

  • Do you have a history of widespread pain affecting all four quadrants of your body and your spinal area for 3+ months? In other words, have you experienced pain in your left side, right side, above and below your waist all at the same time? You dont need to suffer constant neck, lower back and chest pain to qualify. But if your fibro pain doesnt meet that three-month minimum requirement, you likely wont get approved for SSD benefits.
  • Do you feel pain in at least 11 of your bodys 18 tender points when a doctor applies standard pressure? The SSA has a helpful diagram showing these tender points mapped out on the human body on their SSR 12-2p ruling page.
  • What lab tests did your doctor perform to rule out all other possible causes for your symptoms? This includes drawing blood to rule out hypothyroidism or lupus , and a spinal tap or MRI to rule out multiple sclerosis.
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    Fibromyalgia Symptoms And Daily Life

    Fibromyalgia symptoms are varied but tend to include chronic pain around the body, muscle stiffness and fatigue , which may severely affect a persons day to day life.

    Fibromyalgia pain can take a toll on every aspect of daily life however many people find they can still go about their daily life although have periods when their fibromyalgia symptoms flare up. Others may experience constant pain that is difficult manage daily. Symptoms can include:

    • Pain all around the body, which may feel like burning, throbbing, stabbing or shooting pain
    • Extreme tiredness or fatigue
    • Increased sensitivity to pain
    • Brain fog difficulties remembering things and concentrating
    • Sleep issues e.g. being unable to progress into a state of deep sleep
    • Stiff joints and muscles
    • Balance problems i.e. vertigo, dizziness
    • Food intolerances

    What To Do If You Have Fibromyalgia And Need Help With Disability Benefits

    Can You Get Disability Benefits for Fibromyalgia

    The single, most important thing you can do is work very closely with your doctor to gather enough medical evidence to prove you suffer from the symptoms of fibromyalgia. Additionally, you will need to show that your fibromyalgia is so severe that it will prevent you from work for at least one full year.

    If you have fibromyalgia, winning disability benefits will be a tough battle. You may be turned down the first time you apply. If this happens, you still have the opportunity to appeal to an Administrative Law Judge . If you do appeal and get a hearing, its important that your medical evidence and work history evidence are organized and presented to the judge in a way that prove you can no longer work because of your fibromyalgia.

    Winning disability benefits is never as easy as it seems and if you have fibromyalgia, it can be even harder. If you cant work because of your fibromyalgia and live in the New Orleans area, for a free consultation of your disability claim.

    Recommended Reading: Can You Get Disability For Sciatica Pain

    How A Rheumatologist Can Help Your Claim

    In our experience, the diagnosis of fibromyalgia is usually more or less a catchall where a patients pain cannot be explained by other methods, such as x-rays, MRIs, or lab tests. Some internal medicine and family doctors are very familiar with what is required for a proper diagnosis of fibromyalgia. However,unless the very specific findings are made as outlined above, it is unlikely that the Social Security Administration will place much weight on the fibromyalgia diagnosis.

    While fibromyalgia is not a form of arthritis, and typically does not result in damage to the joints , the role of a rheumatologist in your case is to rule out other rheumatic illnesses. As a result, it is usually the case that the best bet for a proper diagnosis of fibromyalgia is the seal of a rheumatologists opinion.

    If you think you have fibromyalgia, but you cannot seem to get the proper diagnosis, asking your family doctor to refer you to a rheumatologist is probably a good idea.

    The following are some of the clinics in West Michigan that specialize in Rheumatology:

    West Michigan Rheumatology PLLC1155 E. Paris Ave. SE., #100Grand Rapids, MI 49546

    Rheumatology Centers of Western Michigan6425 S. Harvey St.

  • Heavy
  • Very Heavy
  • Which category you are placed in generally depends on your ability to stand and/or walk and the amount of weight you can lift consistently. However, your residual functional capacity also takes into account several other factors, including your ability to:

    Is Fibromyalgia A Disability In Canada

    Yes. All disability benefits providers in Canada recognize it as a condition that can qualify a person for benefits.

    However, a diagnosis on its own wont qualify you.

    Providers pay benefits to people who can prove their condition keeps them from working. When reviewing claims for fibromyalgia, providers focus on the seriousness of your symptoms. They will consider the medical treatment youve had and future treatment plans. They look at how your symptoms affect your work and how hard you tried to keep working.

    Read Also: Disability For Degenerative Disc Disease And Fibromyalgia

    Disability Evaluation Under Social Security

    The Social Security Administration has prepared an online guide Disability Evaluation Under Social Securityexternal icon to provide physicians and other health professionals with an understanding of how its disability programs are administered. The guide explains how these programs work and lists the kinds of information that health professionals can provide to help ensure sound decisions on claims. It also includes links to the Listing of Impairments that SSA uses as part of the disability determination process.

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    How Many People Have Fibromyalgia In Canada

    5 MUST HAVE DISABILITY APPROVAL TIPS FOR FIBROMYALGIA

    It is estimated that fibromyalgia affects 900,000Canadians,6 or approximately 3% of the population. Womenare estimated to be four to nine times more likely to develop thedisease than men.

    Hereof, is Fibromyalgia considered a disability in Canada?

    Yes. All disability benefits providers in Canadarecognize it as a condition that can qualify a person for benefits.However, a diagnosis on its own won’t qualify you.

    Also, is Fibromyalgia a permanent condition? Although fibromyalgia causes symptoms that can be verypainful and uncomfortable, your muscles and organs are not beingdamaged. This condition is not life-threatening, but it ischronic . Although there is no cure, there are many thingsyou can do to feel better.

    Beside above, is Fibromyalgia a type of arthritis?

    Rheumatoid arthritis vs. fibromyalgiafactsFibromyalgia is a chronic pain syndrome thatcauses muscle, joint, and bone pain and tenderness, fatigue, andmany other symptoms. It does not cause joint damage and is notorgan-threatening. Many people with RA have fibromyalgiasimultaneously.

    Do guys get fibromyalgia?

    Fibromyalgia is more common in women, but mencan get it too. The discrepancy between the number of peoplereporting fibromyalgia symptoms and the number actuallydiagnosed with the condition was greatest among men, thestudy found.

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    What Medical Evidence Will Help Me Get Approved For Fibromyalgia Disability Benefits

    _____

    Fibromyalgia is a medically determinable impairment which will be recognized by the Social Security Administration if diagnosed by a licensed physician who uses the American College of Rheumatology Criteria for the classification of fibromyalgia.

    Additionally, the Social Security Administration will also consider medical evidence pursuant to SSR 06-3p. The Social Security Administration will look at your medical records and will take a longitudinal view of your treatment notes and your symptoms. Thats one of the reasons why its important to give an accurate description to your physician of the difficulties that you are having between each visit so that those difficulties are reflected in your medical records.

    The Social Security Administration doesnt make it easy for those who suffer from fibromyalgia to get the Social Security Disability benefits that they deserve. If you have been diagnosed with fibromyalgia and your physician tells you that you are no longer able to work, you may be eligible for Social Security Disability benefits. Contact fibromyalgia disability attorney Nancy Cavey today to learn more!

    Proving Chronic Fatigue Syndrome And Disability

    An insurance claim for short-term and long-term disability benefits does not require proof of causation to succeed. A claimant need only provide medical evidence supported by their doctor or specialist to support their claim for disability.

    In making an insurance claim after a car accident, showing the cause of chronic fatigue syndrome as a direct result of the car accident is difficult. In some cases, chronic fatigue syndrome is accompanied by a diagnosis of chronic pain or fibromyalgia and psychological problems. The onset or increase of symptoms relating to chronic fatigue syndrome may result in an aggravation of chronic pain and depression arising out of a car accident. These aggravating symptoms are also considered caused by the car accident.

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