what to bring to lawyer when filing disability for fibromyalgia

by Mr. Oran Schaden 4 min read

To be established as a disability by the SSA, your fibromyalgia case must meet the following requirements: Medical evidence from your physician showing that the fibromyalgia ruling is unanimous. History of widespread pain throughout all parts of the body. Evidence of tests conducted that ruled out any other diagnosis.

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Can I file a disability claim for fibromyalgia?

Mar 20, 2020 · Steps to Winning Approval of Your Fibromyalgia Case As with all Social Security Disability benefits claims, you must provide ample evidence of …

Can I appeal a denial of benefits for fibromyalgia?

At Farrell Disability Law, we act as a strong legal on behalf of people with fibromyalgia, helping them get the long term disability benefits they are entitled to. To find out more about your rights in filing a claim, contact our Jacksonville long-term disability attorney online and request a consultation in our office today.

What to do if you have fibromyalgia and can't work?

Jul 25, 2021 · The SSA uses SSR 12-2p to evaluate fibromyalgia cases. For example, in order to find disability under fibromyalgia a person must have the following:. 1. A history of widespread pain—that is, pain in all quadrants of the body (the right and left sides of the body, both above and below the waist) and axial skeletal pain (the cervical spine, anterior chest, thoracic spine, or low …

What is Social Security's fibromyalgia ruling?

Oct 29, 2020 · Because the symptoms are often self-reported, you’ll need medical documents and a doctor to support your case. However, it’s possible to have a successful claim for FM. Keep in mind that your best...

How do I get proof of disability for fibromyalgia?

You have the best chance of getting disability benefits for fibromyalgia if you provide up-to-date medical records, a report from a rheumatologist who confirms your symptoms and/or trigger-point test results, and statements from family and former co-workers who know you suffer from fibromyalgia.

How hard is it to get disability for fibromyalgia?

Fibromyalgia (FM) is one of the harder conditions to get approved for as a disability in the United States. Because the symptoms are often self-reported, you'll need medical documents and a doctor to support your case. However, it's possible to have a successful claim for FM.

Do people with fibromyalgia get approved for disability?

Describing your fibromyalgia symptoms alone will not qualify you for Social Security disability. You have to be specific about signs and physical findings related to fibromyalgia and pain and how that impacts your ability to work. The Social Security staff will consider all your symptoms, including pain.Jun 15, 2021

How do I convince my doctor to give me disability?

Here are some simple ways you can start a conversation about disability with your doctors.Show Them Your Disability Journal. ... Ask for Work Restrictions. ... Explain Your Plan's Definition of Disability. ... Ask Your Disability Insurance Lawyer for Help.Oct 15, 2019

How much disability allowance do you get?

Disability Living Allowance - Mobility ComponentMobility componentWeekly rateHigher rateÂŁ64.50Lower rateÂŁ24.45Apr 13, 2022

Is fibromyalgia considered a long term disability?

Most long-term disability insurance policies require you to apply for SSDI benefits. Moreover, the Social Security Administration (SSA) recognizes fibromyalgia as a disability. Your case for LTDI benefits will be stronger if the SSA determines that you are disabled.Apr 7, 2014

What benefits can I get with fibromyalgia?

As a sufferer of Fibromyalgia you may be entitled to a range of welfare benefits. The benefits you may be entitled to due to fibromyalgia include; Attendance Allowance (AA), Disability Living Allowance (DLA), Personal Independence Payment (PIP), and Employment and Support Allowance (ESA).Feb 1, 2018

What kind of job can I do with fibromyalgia?

6 Jobs and Career Paths That May Be Great for People With...Teaching/Childcare. If you enjoy spending time around kids, you could consider working at a school or daycare, or even being a nanny or babysitter. ... Rideshare Driving. ... Writing/Transcribing. ... Social Work. ... Pet Sitting. ... Office Jobs.Oct 10, 2018

What should you not say in a disability interview?

Do not say things like, “I want to work” or “If I could work, I would.” By saying such statements, a judge may get the picture that you could possibly work. The point is that there are some people with extreme disabilities who do work but this is not the point that you should be making at your hearing.

What should you not tell a disability doctor?

Limit yourself to only talk about your condition and not opinions. Do not tell a disability doctor you think you are dying, that you think the examination is unnecessary, that you do not trust doctors, or that you believe your current medical treatment is not good.Nov 11, 2020

What conditions qualify for disability?

What Conditions Automatically Qualify You for Disability?Musculoskeletal disorders (e.g., bone, joint injuries, skeletal spine injuries)Special senses and speech (e.g., visual disorders, blindness)Respiratory disorders (e.g., chronic bronchitis, emphysema, asthma)More items...

What are the requirements for fibromyalgia to be considered a disability?

To be established as a disability by the SSA, your fibromyalgia case must meet the following requirements: Medical evidence from your physician showing that the fibromyalgia ruling is unanimous. History of widespread pain throughout all parts of the body. Evidence of tests conducted that ruled out any other diagnosis.

What are the symptoms of fibromyalgia?

What exactly is fibromyalgia? Fibromyalgia is defined as a long-term chronic condition that causes multiple health-related issues. These include: 1 General fatigue 2 Pain and tenderness in the muscles and skeletal system 3 Disturbances in sleep and cognitive functions

What is fibromyalgia pain?

Fibromyalgia is defined as a long-term chronic condition that causes multiple health-related issues. These include: General fatigue. Pain and tenderness in the muscles and skeletal system. Disturbances in sleep and cognitive functions. The difficulty with fibromyalgia is that it is often difficult to diagnose.

Can you get disability for fibromyalgia?

Fibromyalgia is a medical condition that the Social Security Administration recognizes for purposes of disability. You can obtain disability benefits from the SSA if you fibromyalgia. Fibromyalgia is known to be a disease of widespread body pain. People with fibromyalgia may have heightened pain response to pressure. Also, other symptoms include fatigue, sleep problems and trouble with memory. Some people also report restless legs syndrome. Additionally, bowel or bladder problems, numbness and tingling in arms and legs, and sensitivity to noise, lights or temperature can be part of the illness. Fibromyalgia may link to depression, anxiety and posttraumatic stress disorder.

Is fibromyalgia a mental illness?

However, fibromyalgia is a separate diagnosis from these mental disorders and it is not a mental condition, it is a physical condition.

How to win a fibromyalgia case?

To win a fibromyalgia disability case, start by visiting your doctor to get an official fibromyalgia diagnosis. If your doctor seems unfamiliar with the condition, consider seeing a specialist, like a rheumatologist, for proper diagnosis and treatment.

How to find a disability attorney?

There are several ways to locate an experienced disability attorney: ask for a referral from neighbors, friends or attorneys that you know. A personal recommendation is one of the best ways to find a good attorney. call a local legal bar associations.

How long does it take for the SSA to make a decision on my disability claim?

It may take 3-5 months for the SSA to make a decision on your disability claim so consider filing your claim as soon as you have gathered all of the necessary information.

Why is fibromyalgia so difficult to diagnose?

Fibromyalgia is a difficult condition to diagnose because there is no specific test. A fibromyalgia diagnosis comes after doctors rule out any other underlying conditions, such as rheumatoid arthritis, that may be causing your symptoms. Doctors will also determine whether you suffered from widespread pain throughout your body for more ...

What to do if your doctor is not taking your complaints seriously?

If you feel that your doctor is not taking your complaints seriously, seems unfamiliar with the condition, or is not moving towards a diagnosis consider seeking a second medical opinion. Another specialist more familiar with diagnosing fibromyalgia may be able to more quickly assess your medical condition and needs.

Can fibromyalgia cause memory problems?

Individuals with fibromyalgia may suffer from chronic and widespread body pain, fatigue, migraines, memory problems and other symptoms. These symptoms may be so severe that prevents a person’s ability to work. If fibromyalgia prevents you from earning a living you should consider filing a disability claim with the Social Security Administration ...

Who can diagnose fibromyalgia?

Specialists such as rheumatologists have more experience diagnosing, treating and documenting your fibromyalgia. Proper documentation of your symptoms, diagnosis and pain are important for filing a successful disability claim. ...

What is the key to a successful disability case?

Documentation is the key to a successful disability case. This means more than supplying the SSA with your medical records. If your symptoms result in missed workdays, your employer may need to provide a statement saying so. Overall, your application should contain: a confirmed diagnosis from a rheumatologist.

Who is responsible for evaluating all disability applications?

The SSA is responsible for evaluating all disability applications. When reviewing your case, the SSA will determine if you have a medically determinable impairment (MDI) of FM. The criteria and requirements for claiming disability due to FM are extensive. They include:

How long do you have to wait to get disability?

It’s best to apply for benefits once you become disabled. The SSA states that there’s a 5-month waiting period before your benefits begin. Moreover, it may be 7 months before you receive the first payment. You’re eligible for benefits in the sixth full month after the SSA determined that your disability began.

What are the symptoms of fibro fog?

problems with memory or cognition, also known as fibro fog. irritable bowel syndrome (IBS) depression. anxiety. waking up exhausted. In the past, doctors would check 18 specific points (11 or more of the 18 tender points were required to support the diagnosis) to see how many of them were painful when pressed firmly.

When will July disability payments be issued?

However, your payment for the July benefits wouldn’t be issued until the following month, August. In some cases, the SSA will request additional documents to process your disability claim. Providing everything you need in advance may help shorten the waiting period.

Does disability insurance cover all treatments?

This amount may be even higher if your health insurance doesn’t cover all your treatments. Disability can help with the costs, especially if you’re unable to work. When you’re ready to apply, check out the SSA’s Disability Starter Kit for more information. Last medically reviewed on October 28, 2020.

Can you get disability for fibromyalgia?

Can you qualify for disability with fibromyalgia? Fibromyalgia (FM ) is one of the harder conditions to get approved for as a disability in the United States. Because the symptoms are often self-reported, you’ll need medical documents and a doctor to support your case. However, it’s possible to have a successful claim for FM.

Why is my disability denied for fibromyalgia?

The insurer may argue that your symptoms come from misdiagnosed and untreated depression rather than fibromyalgia. By that logic, of course your treatment wouldn’t work for you.

What is disability tax credit?

The disability tax credit is a type of benefit that lowers your taxable income. To qualify, you must have a severe and prolonged impairment as defined by the program. But, this program has a higher standard than others.

How long does a long term disability last?

As you may guess, long-term disability (LTD) benefits pay for a longer period of time. If you win a claim for LTD, the payments can last for many years. A policy will specify that the benefits last a number of years — 2, 5, or 10, for example. Or, they last until you reach a certain age — usually 65.

Does fibromyalgia pay for long term?

Workers compensation benefits for fibromyalgia. Workers compensation pays short- and long-term benefits to people injured on the job. Each province has its own compensation program. To qualify, you must have suffered a workplace injury and worked for a covered employer. That’s right, not all employers are covered.

Can you apply for disability if your income is below a certain amount?

However, they only apply if your total family income falls below a certain amount. That amount differs from province to province. Family income doesn’t affect the approval process for other types of disability benefits. You apply for provincial disability benefits by applying through your provincial agency or program.

Does fibromyalgia have objective evidence?

Although insurers often cite “insufficient objective evidence of disability” to deny claims, this reason doesn’t work with fibromyalgia. Modern medicine has yet to find objective evidence of disability for fibromyalgia.

Can fibromyalgia be diagnosed on its own?

However, a diagnosis on its own won’t 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 you’ve had and future treatment plans.

What is Fibromyalgia?

According to the Mayo Clinic, Fibromyalgia (FM) is a chronic illness characterized by diffuse pain and soreness in the muscle, joints, tendons, and soft tissues. FM has no known cause, however, it may involve a combination of factors, including genetics, infection, physical injury, and emotional trauma.

What Happens If My Fibromyalgia Disability Claim is Denied?

Obtaining disability benefits for fibromyalgia is not guaranteed. In fact, nearly two-thirds of all initial disability claims are denied, because the claimant did not meet either the technical and/or medical eligibility criteria.

What to do if you have fibromyalgia?

In addition, if only a primary care physician or internist has given you a fibromyalgia diagnosis, try to arrange a visit with a specialist; a diagnosis made by a rheumatologist will be more credible to a disability examiner or judge and will strengthen your Social Security disability claim or appeal. If cognitive or mental issues add ...

Why is fibromyalgia denied?

Part of the reason is that Social Security doesn't have a disability "listing" for the condition.

Why doesn't Social Security have a disability list?

(Social Security's disability listings provide the criteria needed for many different impairments to be approved as disabilities. )

Is fibromyalgia a determinable impairment?

Social Security's published ruling explains when fibromyalgia should be found as a "medically determinable impairment ," which is the first test you must pass when applying for disability. (To be considered for disability benefits, you must have an impairment that has been established by medical evidence such as lab tests and medical "signs" ...

Does the Social Security Administration have a ruling on fibromyalgia?

The Social Security Administration (SSA) has, however, published a ruling giving guidance to disability claims examiners and administrative law judges (ALJs) as to how to assess fibromyalgia cases. This ruling has helped reduce the number of fibromyalgia claimants who are denied at the initial application stage and increase the number ...

Can impairment be established only by symptoms?

In other words, your impairment cannot be established only by your reports of your symptoms. This is the requirement of having a medically determinable impairment (MDI).) The ruling directs claims examiners and judges to rely on criteria issued by the American College of Rheumatology (ACR) to determine whether an applicant has fibromyalgia, ...

Can a neurologist help with fibromyalgia?

Your primary care doctor's opinion can also be helpful, not so much on the diagnosis of fibromyalgia, but to supplement the rheumatologist's opinion on the details of your claim. Talk to a Disability Lawyer.

How to contact a disability attorney for fibromyalgia?

Contact a Social Security disability attorney at 512-454-4000 for a free consultation and see if you can get disability benefits while suffering from Fibromyalgia. If you have been denied disability don’t give up!

What are the complications of fibromyalgia?

Fibromyalgia can cause complications such as: 1 Chronic fatigue 2 Widespread pain 3 Increased tenderness and sensitivity 4 Irritable Bowel Syndrome 5 Development or worsening of depression 6 Development of worsening of anxiety 7 Brain “fogginess” or inability to focus

What is fibromyalgia disorder?

Author Attorney Greg Reed: Fibromyalgia is a disorder that effects the muscles and soft tissue. It is characterized by widespread pain accompanied by sleep problems, muscle fatigue, mood and memory issues. Depression and anxiety are common, along with headaches and numbness in extremities. Fibromyalgia is not included in ...

What does it mean if your disability is not listed on the SSA list?

If your disease is not listed this does not mean you cannot get disability, it means you must prove you cannot maintain employment due to your limitations.

What can I do to help my epileptics?

Pain relievers, anti-depressants and anti-seizure drugs used for epileptics can be helpful. Physical therapy along with reducing stress and regular exercise have proved beneficial in reducing symtoms.

What is the first category of work requirements?

The first category is the Work Requirements which has two tests. The Duration of Work test. Whether you have worked long enough to be covered under SSDI. The Current Work Test. Whether you worked recently enough for the work to actually count toward coverage.

Is fibromyalgia included in the SSD list?

This list includes criteria for what should automatically be considered a disabling medical or mental condition. Fibromyalgia is not included in this list.