Fibromyalgia and Winning a Social Security Disability Case in 2020

IMPORTANT SHOW NOTES BELOW

How do you win a fibromyalgia Social Security disability claim in 2020? As I discuss in this video, Social Security disability judges look very closely at any case where the primary impairment is fibromyalgia or any autoimmune condition.

Disability judges like to see objective evidence of your impairments and there is no MRI, CT or other objective test for fibromyalgia, chronic fatigue or related autoimmune conditions. So judges have to rely on more subjective findings from treating doctors.

Social Security Ruling SSR 12-2p (https://www.ssa.gov/OP_Home/rulings/di/01/SSR2012-02-di-01.html) sets out the considerations judges should use when evaluating a fibromyalgia case. These guidelines call for evidence that your condition meets the American College of Rheumatology criteria for a fibromyalgia diagnosis and it requires extensive testing to rule out other causes of your symptoms.

While SSR 12-2p does not require medical treatment records from a rheumatologist, my experience has been that judges will rarely accept a fibromyalgia diagnosis from a family doctor or internist. Generally speaking, judges expect to see long time treatment records from a board certified rheumatologist, evidence that multiple therapies and medications have been tried without success, and one or more functional capacity evaluation forms from your rheumatologist that identify specific activity and reliability problems.

Further, my experience has been that your chances of success increase if you fit the “profile” of a fibromyalgia patient - a “Type A” high achieving female, age 45+ with a long, productive work history in stressful employment situations. I have had a few male fibromyalgia clients but I have never won a case on behalf of a male with a fibromyalgia diagnosis.

I would also observe that on-going part time work, or extensive blogging or fibromyalgia advocacy efforts will usually hurt your chances. Social Security judges see disability in “either/or” terms and activities that suggest work capacity are not helpful.

So, fibromyalgia cases are still winnable in 2020 but the claimant profile and evidentiary requirements are narrow.

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