The importance of work background in a fibromyalgia disability case
In a previous fibromyalgia disability case I tried in court, my client had a very insufficient work record. In addition, what was stated in her medical records about her condition did not match with what she claimed about her condition; she seemed to very much exaggerate her fibromyalgia pain during the hearing, but when the Judge reviewed the records, he could not find any evidence that she suffered from severe pain. This may not have been a deal breaker for her case, but combined with her lackluster work background, it was enough for her to lose the case. I sometimes feel that if a client has a strong work background and appears to want to work, then that client may have a better chance of winning even despite discrepancies in the medical record.
Read more on Tips on Winning a Fibromyalgia Disability Case…
Filed under Fibromyalgia Case Strategies by on May 11th, 2010. Comment. 
I am asked this question by fibromyalgia clients often, and the answer is yes, but there’s a big asterisk there. You see, to win your fibromyalgia disability case early on, you need to meet certain criteria which may be hard to achieve.
Read more on Can a fibromyalgia disability case be won at the early stages of the claims process?…
Filed under Fibromyalgia Case Strategies by on May 3rd, 2010. Comment.
If you have a chronic illness such as fibromyalgia, you probably know that anxiety and depression will often develop secondary to your condition – thus making things worse for you. If you have fibromyalgia or another chronic condition like chronic fatigue syndrome, please know that psychiatrists, psychologists and other mental health workers are there to support you and prevent you from falling victim to worsening mental health conditions.
Filed under Chronic Fatigue Syndrome, Fibromyalgia Case Strategies by on Jan 20th, 2010. Comment.
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.
Read more on Changes and Choices Impacting Your Fibromyalgia Disability Claim…
Filed under Fibromyalgia Case Strategies by on Nov 20th, 2009. Comment.
There is a perception that Social Security disability cases based on fibromyalgia are difficult to win. It is not surprising that some judges have a problem acknowledging a medical syndrome that cannot be detected by a blood test and that can have a wide range of generalized symptoms. Until fairly recently, in fact, physicians did not have a way to specifically “code” a fibromyalgia diagnosis on insurance claim forms, and there were no medications approved by the FDA to treat it. Every once in a while, you will find a judge who does not believe that fibromyalgia exists. But even these non-believers will still approve your case if you can show that your symptoms are chronic and severe, that you have sought medical treatment, and that your condition prevents you from performing any kind of work at all.
Read more on Winning a Fibromyalgia Disability Case (Part 2)…
Filed under Fibromyalgia Case Strategies by on Nov 11th, 2009. Comment.
In a fibromyalgia disability case, you need to prove one thing – that you are not able to work. If you remember nothing else about Social Security disability, you should remember that your capacity for performing work is the only thing that matters to a Social Security judge. Your underlying medical condition – fibromyalgia, chronic fatigue syndrome, or any other medical problem, is only important to the Social Security Judge if your symptoms limit you from performing a job 8 hours a day, 5 days a week.
Read more on Winning a Fibromyalgia Disability Case (Part 1)…
Filed under Fibromyalgia Case Strategies by on Nov 11th, 2009. Comment.
