Changes and Choices Impacting Your Fibromyalgia Disability Claim

As you probably know, filing a Social Security disability claim based on fibromyalgia is just the first step in what can be a long process.  Whether you are filing on your own or have representation, it is pretty unlikely that your personal and financial situation or even your medical condition will look exactly the same at the beginning, middle, and end of this process.  Some changes are inevitable, and some are the intended or unintended product of decisions made over time.  Since it is not always obvious that a particular change or decision could impact your claim, I make sure that clients understand their claim, the arguments and evidence we are presenting, and the importance of keeping each other up to date on any changes that might affect our chances of success.  In cases involving fibromyalgia, it can be especially important to have a detailed account of your symptoms and how they interfere with daily functions, especially your ability to work.

For the most part, the Social Security Administration gets information on your eligibility and medical condition when you apply for benefits.  While it is difficult to outline all possible changes and decisions that could have a positive or negative impact on fibromyalgia disability claims, it is worthwhile to examine some of the more common or impactful issues for disability claims in general.  Some are obvious; others are not.  If you are uncertain of whether a change or decision in your life might hurt or help your disability claim, I would be happy to discuss it with you.

The following is a list of changes to your financial situation that should be discussed with your lawyer:

• You receive help through any Public Assistance Program (e.g., Medicaid, Food Stamps, Cash Assistance);
• You go back to work (part time, full time, temporary, etc.)
• You begin to receive (or cease receiving) payments from a recurring source such as unemployment, workers’ compensation, short-term or long-term disability, retirement fund, or Social Security;
• Your spouse loses his or her job or receives payments from the sources mentioned above;
• You file for bankruptcy, or face losing your home to foreclosure or eviction;
• You are involved in another legal proceeding, either as a plaintiff or as a defendant

You should also inform your lawyer of any of the following “personal” changes:

• You get married or divorced;
• You have or adopt a child;
• You start (or leave) school or vocational training;
• You are arrested, charged with a crime, or a warrant is issued for your arrest;
• You fail to pay (or no longer receive) child support;
• You move or change your address or telephone number

Clearly, if your doctor releases you back to work, it is going to be relevant to your disability claim.  You should also be aware of additional medical and treatment decisions or changes that should be discussed with your lawyer:

• You begin treatment with any new healthcare providers;
• You are diagnosed with any new medical conditions or are treated for additional symptoms;
• You have had or are scheduled for surgery;
• You are hospitalized or treated in an emergency room;
• You are involved in an accident, experience a new injury, or aggravate an existing injury;
• You stop receiving treatment for your condition, or your treatment changes;
• Your treatment is terminated by any of your doctors for any reason;
• You are using illegal drugs (including non-prescribed prescription medications);
• You begin to use or abuse alcohol

For disability claims involving fibromyalgia, it is especially important that I have complete and updated medical information so that the Social Security Administration has an opportunity to review a complete and accurate medical profile before making a decision.  In addition to the more obvious changes discussed above, disability claimants with fibromyalgia will need to provide evidence proving that their condition prevents them from working.  The symptoms of fibromyalgia vary from patient to patient and, often, over time.  Consider keeping a diary of how you feel each day, what you did and/or tried to do, whether you were too tired to complete normal tasks, and note any exacerbations following over-exertion.  When you see a physician, make sure that he or she actually includes all of your symptoms and the specific ways your illness limits your life in the notes included in your medical record.

I find that lawyers and clients have varying preferences on how, and how often, informational updates are communicated, so you may want to agree on an efficient and reliable system that works for everyone on your team.