Chronic Fatigue Syndrome
At the moment, there is no entry in Social Security
Disability 's Listing of Impairments manual for the condition
known as Fibromyalgia, also known as fibromyositis and Myofacial
Pain Syndrome (The disability listing's, of course, provide the
approval criteria for a number of different impairments ranging
from amputations to seizure disorder).
Nevertheless, many claimants with fibromyalgia apply
for disability, and many go on to win their cases. For this reason,
the fibromyalgia disability claimant who's been denied should
not give up on their case. Instead, they should pursue their disability
claim through the appeals process, keeping in mind how the Social
Security Administration views this particular impairment.
Exactly how does Social Security
Disability view Fibromyalgia?
As with all disability claims, after a person files
at the Social Security Office, their case is transferred to DDS
(Disability Determination Services), the agency responsible for
making decisions on Disability cases.
When a case arrives at DDS, it is assigned to a
specialist, or Examiner, who orders medical records and uses these
records to make a determination. In other words, approve a disability
claim, or deny it.
Unfortunately, when an Examiner receives a case
in which the only allegation (reason for disability) is Fibromyalgia,
the outlook for approval is not good. In fact, Social Security
Disability will generally give little weight to such a claim unless
another condition is involved, such as arthritis or degenerative
disc disease.
Why is this? Part of the problem has to do with
the nature of Fibromyalgia itself. Fibromyalgia is an impairment
whose causes are not fully understood. And though it may be a
legitimate disability in and of itself, because it's symptoms
and speculated causes vary so much from one person to the next,
disability Examiners are never sure how to classify such cases.
Therefore, it helps a social security case considerably if a Fibromyalgia
diagnosis has been made in conjunction with another diagnosis,
preferably one of a musculoskeletal nature.
For example, if a claimant makes a disability claim
and the chief impairments are either Fibromyalgia and Rheumatoid
Arthritis, or Fibromyalgia and Degenerative Disc Disease, the
Fibromyalgia allegation will automatically carry more weight.
This is because, in such cases, Fibromyalgia will be seen as a
logical and plausible extension to what are generally thought
of as "more proven" impairments.
Additionally, and this is very significant, a Fibromyalgia
diagnosis made by an Orthopedist or Rheumatologist will seem very
logical to a disability Examiner and, as a result, will also strengthen
a Social Security disability claim.
This is in direct contrast to situations where the
Fibromyalgia diagnosis has been made by an Internist, or "family
doctor".
When a personal physician renders a Fibromyalgia
diagnosis, without a corroborative diagnosis by a specialist,
it has the appearance to a disability Examiner of a label that's
been used by a doctor...simply for lack of a better way to label
a patient's pain.
And, often, and unfortunately,
this is exactly the case. Many times when family doctor's
are unable to find reasons for the pain their patients feel, they
diagnose "Fibromyalgia" as the cause. Disability Examiners see
this routinely in the records they review.
The effect this has is not helpful for a Social
Security Disability case because it dilutes, in the eyes of the
disability Examiner, the significance of this particular ailment.
Obviously, this is not the fault of the disability
claimant who is suffering from Fibromyalgia and is struggling
to get their case approved. But it is helpful to understand how
the disability process works in this regard and to consider how
Social Security Examiners sometimes view applications where this
illness is alleged.
So, what does someone with this condition do when
it comes to applying for disability? Go
to the next page for a discussion of this topic.
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