The Social Security Administration considers your ability to engage in any kind of work when it determines whether you are disabled under the Social Security Administration’s guidelines and regulations. A few conditions are so severe that you are presumed to be disabled if you meet certain guidelines, either under the “compassionate allowance”, which are extremely severe conditions, or if you meet certain “listings”. Most of the listings are very complex and require proof of several objectively verifiable conditions or findings. Both the compassionate allowances and the listings can be found on the Social Security web site.
Fibromyalgia is an elusive diagnosis, and one that is easy to reject on the part of SSA because it is so hard to prove. The Social Security Administration considers whether you have Fibromyalgia and whether you are disabled from Fibromyalgia (FM) under a Social Security Ruling (SSR) that became effective on July 25, 2012. This SSR for the first time gave administrative law judges (ALJ’s) clear guidance as to the objective findings to support this condition. The SSR notes:
- FM (Fibromyalgia) is a complex medical condition characterized primarily by widespread pain in the joints, muscles, tendons, or nearby soft tissues that has persisted for at least 3 months. FM is a common syndrome. When a person seeks disability benefits due in whole or in part to FM, we must properly consider the person’s symptoms when we decide whether the person has an MDI (medically determinable impairment) of FM.
- As with any claim for disability benefits, before we find that a person with an MDI of FM is disabled, we must ensure there is sufficient objective evidence to support a finding that the person’s impairment(s) so limits the person’s functional abilities that it precludes him or her from performing any substantial gainful activity.
The SSA will look at your records to determine whether you meet the definitions of FM as defined by the American Congress of Rheumatologists (ACR) in either the 1990 ACR Criteria for the Classification of Fibromyalgia or the 2010 ACR Preliminary Diagnostic Criteria. Other causes of your problems must also be considered and rejected. If you meet these criteria as determined by your physician please call us and we will look at your case to see if we can help you with your claim.
Even if you do not meet the definitions as set forth in these criteria the SSA may obtain more information or make a determination based on the evidence in your record.
If you meet the definitions in the listing as to how disabling the condition is you may entitled to Social Security disability benefits. You may also be entitled to benefits if your condition medically equals a listing, or if it otherwise prevents you from being able to engage in substantial gainful activity.
We will be happy to discuss your condition and to evaluate your claim. Please click here to fill out our interactive contact form and we will get back to you promptly to discuss your Social Security disability claim, give you a free evaluation of your case, and let you know what we can do for you. You can also call us at (303) 996-0700.
Nothing contained on this web site should be construed to constitute legal advice or to create an attorney client relationship. The relationship is only created by written agreement signed by the client and the law firm. Please contact us for a conference to further discuss your claim.