Getting approved for Social Security Disability (SSDI) for fibromyalgia in Atlanta is particularly difficult. In the past, many judges and SSDI adjudicators did not understand fibromyalgia and some did not even believe it existed. Now, fibromyalgia is officially recognized as a legitimate source of disability, but it remains difficult to get any particular case recognized and approved.
You may suffer debilitating pain from your fibro and be unable to work, or only work sporadically and still see your SSDI application denied. If this is you, you need to speak to an Atlanta fibromyalgia lawyer.
Let a fibromyalgia attorney at John Foy & Associates help. For over 20 years we have dedicated our practice to helping the injured, disabled, and those suffering from painful conditions like fibromyalgia. We will offer you a completely free, in-depth consultation to discuss your Social Security application and help you get approved.
Can Fibromyalgia Cause Permanent Disability?
The short answer is yes, fibromyalgia can cause permanent disability. In fact, the Social Security Administration (SSA) categorizes fibromyalgia as a disability, but only in certain situations. Their rules can be restrictive, though.
Anyone with fibromyalgia knows just how painful it can be, especially if you try to work while you have the condition. Unfortunately, fibro can last for life, but the good news is that it isn’t progressive. That means the condition does not get worse over time.
Because of the varying ways that fibromyalgia can affect your health and your daily life, the SSA does not grant everybody with fibro the status of disabled. That’s why it’s important to have a strong Social Security Disability application that shows exactly how and why you need financial help.
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Does Fibromyalgia Qualify for SSDI Benefits in Atlanta?
Yes. Many people in the fibromyalgia community have experienced disappointing setbacks or had their SSDI applications rejected. However, fibromyalgia is officially recognized as a condition that can cause disability, and we see fibro patients get approved for benefits on a regular basis. If your fibromyalgia prevents you from working, you qualify.
But that doesn’t mean the process is easy. The SSA requires exhaustive paperwork to document not just your fibromyalgia, but also the exact degree of impairment it causes. Every case of fibro is different, and some can be far more severe than others – or cause pain in completely different areas.
Generally, you will need to prove:
- That you have been properly diagnosed with fibromyalgia
- That you have severe pain in multiple areas of the body
- That you cannot work because of your pain
This is difficult because the SSA will not always accept a simple diagnosis as proof. They may question whether you really have fibro or how severe it is.
Atlanta Fibromyalgia Lawyer Near Me 404-400-4000
How Much in Benefits Can You Get for Fibromyalgia?
Every patient’s needs are different, so it’s impossible to say how much your SSD benefits will be for your fibromyalgia. Your benefits usually depend on your Primary Insurance Amount (PIA), which the Social Security Administration calculates using your average monthly earnings.
The SSA reports that the average monthly payment for disability benefits was $1,259. That number is different for everybody, though. It will depend on your previous earning capacity, and without a fibromyalgia lawyer in Atlanta by your side to help show everything you’re owed, you may not get enough.
To get a better understanding of the benefits you could get for your fibromyalgia, you can get a free consultation with a Social Security Disability lawyer in Atlanta. They can sit down with you to go over your situation and help you understand what your options are.
How Can the SSA Question My Fibromyalgia Diagnosis?
Fibromyalgia is unusual because there is no simple test that can prove you have it. It does not show up on an MRI, a blood test, or an X-ray. Instead, your doctor has to isolate the type of pain you have and rule out other causes.
There are many doctors who misdiagnose patients and say they have fibromyalgia when really they do not. This has led the SSA to be cautious in accepting a fibromyalgia claim.
Generally, the SSA will want to see evidence of long-term treatment from a pain management specialist or rheumatologist. The notes from these specialists should support the fibro diagnosis, especially if the diagnosis was made by a general family physician rather than someone who specializes in nerve disorders like fibro.
For a free legal consultation with a fibromyalgia lawyer serving Atlanta, call 404-400-4000
How Does the SSA Evaluate My Fibromyalgia?
In 2012 the SSA published a ruling known as SSR 12-2p. This ruling was meant to address the wildly inconsistent way in which fibromyalgia cases are evaluated. It also gave SSA staff (and judges) an objective way to measure fibro symptoms.
The ruling is complex, but what it comes down to is requiring that you must have pain in multiple areas of the body, including along the spine. This is determined by applying gentle pressure to a total of 18 specific areas; if 11 or more are painful—and they affect both the left and right side of the body, above and below the waist—your condition can qualify.
You must also have a history of at least six different fibromyalgia symptoms on a recurring basis. Symptoms can include:
- Poor sleep
- Trouble focusing or remembering things
- TMD (temporal-mandibular joint dysfunction)
- Irritable bladder
- Chronic migraine
- Numbness or tingling
- Ringing in the ears
- Chest pain
- Reynaud’s phenomenon
- Change or loss of ability to taste
- Interstitial cysts
- Shortness of breath
Last, other possible causes for these symptoms must be ruled out and proving all of this is daunting. In our experience, the majority of fibromyalgia sufferers see their claim denied on the first try, but this often just means you didn’t include the right paperwork. We can help you pull together opinions, medical history, and diagnoses that support all of the requirements above.
How Do I Prove My Fibromyalgia Is Preventing Me from Working?
The best way is to get what’s known as a functional capacity evaluation. Your rheumatologist or pain doctor can perform this for you. It simply evaluates your capacity to do different basic tasks including standing, walking, and using your hands. It will also evaluate your capacity for mental tasks like focusing, concentrating, and working with others.
This means conditions like anxiety or depression can be factored in. Doing a functional capacity evaluation is not hard, and we can help you see a doctor who does them on a routine basis.
You are also allowed to submit statements from friends and family. It’s best to have these be as specific as possible. For example, “can’t walk for more than 2 minutes without resting” is better than “can’t walk for long.” Ask your loved ones to use specific measurements wherever possible—how far you can walk, how much you can lift, what specific chores you cannot do at home.
What Can I Do If My Fibromyalgia SSDI Claim Is Turned Down in Atlanta?
This is normal. Many, probably most people who request benefits for fibromyalgia are turned down at least once. We understand how this affects your life and your family—and the intense financial pressure it can put on you when you can’t work. But you are allowed to appeal your request, and it’s much more common to succeed on the appeal.
In Atlanta, when you first file an SSDI claim it’s evaluated by a government employee known as an “adjudicator.” If you’re rejected and you appeal within 60 days, it goes back to the adjudicators for re-evaluation. Many fibromyalgia claims get denied on both of these initial tries.
If you appeal again, however, you are given a hearing in front of a judge. The hearings are much more likely to go your way—if you’re properly prepared. We find that judges are much more careful in looking at the evidence, and you can be represented by your lawyer in person at the hearing. This is the best stage at which to turn around your application and get approved.
Talk to an Atlanta Fibromyalgia Lawyer for Free
We believe that the SSA is tragically slow in processing the claims of people in need. They also have a terrible habit of turning down applicants based on nothing more than a paperwork error. Don’t allow your claim to be lost in the shuffle.
The Atlanta fibromyalgia attorneys at John Foy & Associates will give you a free consultation and help you understand the right next steps to take. We may even be able to take one look at your application and tell you exactly what you need to get approved. Call us or fill out the form to your right and get your FREE consultation today.