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Here' a question that was recently asked: I have a disability hearing in a few weeks and my main condition is fibromyalgia and fatigue. Can I win disability based on these kinds of conditions? Answer: the way the federal government's disability program is set up (this includes both SSI disability and social security disability), any individual can potentially be approved for monthly disability benefits on the basis of practically any condition, be it physical or mental in nature. This is because the focus of the social security administration is not so much on the condition itself (in other words, what you have been diagnosed with) but, rather, on the functional limitations that result from the condition. Neither fibromyalgia nor chronic fatigue are given a listing in the blue book (the blue book is the impairment listing manual that lists the approval criteria for many impairments). Just the same, though, a disability applicant whose major conditions are fibromyalgia and / or chronic fatigue can still win disability benefits if it can be shown that the applicant is unable to perform the requirements of their past work or perform the requirements of suitable other work. Additionally, the inability to work due to functional limitations must last for at least twelve months (hint: you don't have to wait 12 months before you apply for disability--after you apply, a projection can be made as to whether or not your condition will be expected to last for 12 months or longer). How are these decisions made by the social security administration? An individual with fibromyalgia or chronic fatigue (or any condition) will have their medical records evaluated to determine what functional restrictions exist. Additionally, the individual's work history will be examined to analyze the demands of their past work and to determine whether or not the individual can return to their past work. Lastly, the applicant's age, education, current functional limitions, and job skills (some skills may be considered transferrable to other jobs, while some skills may not be considered transferrable) will be "tossed into the equation" to see if the claimant can perform "other work". For information as it relates specifically to fibromyalgia cases, you may wish to review the following page: Disability and Fibromyalgia. Disability Advocates Help with Claims Free Case Evaluation |
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SOCIAL SECURITY DISABILITY SSI LAWYER ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 3 ANSWERS TO YOUR SSDI & SSI QUESTIONS PAGE 4 |
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If you suffer from a medical disability such as hip, neck, back, or other joint problems, disc herniation, degenerative disc disease, spinal stenosis, carpal tunnel syndrome, rsi or repetetive stress injury, inflammatory bowel disease, congestive or chronic heart failure, type 1 diabetes, type 2 diabetes, diabetic neuropathy, high blood pressure (hypertension), seizure disorder, stroke, copd, emphysema, hearing loss or poor hearing, vision loss, clinical obesity, epilepsy, cancer, chronic fatigue, multiple sclerosis, lupus, anxiety, inner ear problems, meniere's, vertigo or dizziness, kidney failure requiring dialysis or other renal problems, cirrhosis, hepatitis, or other liver disease, pancreatitis, osteoarthritis, osteoporosis, asthma, bronchitis, cystic fibrosis, rsd or reflex sympathetic dystrophy, crohn's disease, sarcoidosis, peripheral vascular disease, lyme disease, cerebral palsy, down syndrome, hiv, aids, anemia, sickle cell, thyroid problems including hypothyroidism, cardiomyopathy, or tachycardia, arrhythmia and have initiated or been denied on a social security disability, or ssi, claim for benefits, this site may assist you with your case. Social Security Disability benefits are often difficult to win; however many claims for social security disability are lost simply because a claimant did not know enough about the disability process to their social security or ssi claim. For information re: representation on a social security disability or ssi claim (attorney or non attorney representative), see the "qurstions" & "how" pages. |
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