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Are you Able to Qualify for Social Security Disability with Fibromyalgia? You can file for disability based on fibromyalgia, or any other physical or mental condition for that matter. Social Security is not concerned with the nature of the particular medical impairment, so much as how it limits an individual’s ability to function, or his residual functional capacity. The concept of residual functional capacity (RFC) is key to all disability determinations, those of examiners and those of disability judges. Disability examiners try to determine an applicant’s RFC based on information in his or her medical records. Unfortunately, medical records from physicians and hospitals (or school records in the case of children applying for SSI) typically describe specific symptoms, but rarely specify exactly how those symptoms limit the ability to perform certain routine tasks or daily activities, and so the patient’s residual functional capacity is left open to the interpretation of the examiner. Once a disability examiner has rated a claimant’s residual functional capacity, he looks at all jobs the claimant held within the past 15 years (this period is called the relevant period) to see if the claimant could still perform any one of those jobs despite his impairment. If the medical records indicate that he cannot perform his current job or any past job, the disability examiner then determines if the claimant could perform another type of work for which he may be suited (based on his education, work skills, age, and of course, physical or mental limitations). Not surprisingly, medical records are often little help to those seeking a disability approval. Medical source statements that offer physician opinions in support of a patient’s disability application can be helpful, particularly RFC forms. RFC forms can be simple check-off lists on which physicians indicate activities the patient can and cannot do (bending, lifting, typing, sitting or standing for long periods of time, etc.) in light of any restrictions imposed by the existing impairment. Unfortunately, disability examiners do not make any attempt to get RFCs from treating physicians, nor do they pay much attention to them if the claimant takes it upon himself to submit an RFC from his physician (a free RFC form is available on the home page of Disability Secrets by simply scrolling to the bottom of the home page and clicking the download links -- Social Security Disability Secrets). So why bother getting an RFC form? Because having a solid RFC form in your case file certainly can’t hurt, and if your initial application and reconsideration appeals are denied by DDS, you will need one for your second appeal before an administrative law judge (ALJ). RFC statements are very useful at the hearing level of consideration, and every good disability representative will obtain an RFC from a treating physician and be sure the statement is in the disability judge’s hands at a hearing. Why? Because federal ALJs give great consideration to the opinions of treating physicians. At the hearing level, an RFC form will not be ignored, and may very well be the deciding factor in winning approval for a claim. Unlike disability examiners, who are under a great amount of pressure to keep their approval numbers low, disability judges tend to act independently, as they are not employed by Social Security or by the state Disability Determination Services (DDS) agency. And so judges are more likely to make unbiased decisions based on all of the relevant evidence, even when that evidence favors the claimant and results in overturning disability examiners’ previous denials. 1. How Do I Apply For Disability In The State of Florida? 2. Disability Claims filed for mental conditions 3. Filing For Social Security Disability- Work History and Medical Records 4. Can I Get Social Security Disability If I Have not Worked in a Long Time? 5. What Should I Bring to my Social Security Disability Application Interview? |
