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Winning a Social Security
Disability case for someone who suffers from Chronic
Fatigue Syndrome and/or Fibromyalgia (CFS/FMS) can be very
difficult. However, with proper preparation I am often
able to win client's their Social Security Disability
benefits. I approach a Chronic Fatigue Syndrome or
Fibromyalgia case using the following five factors:
1) Was the Diagnosis of
Chronic Fatigue Syndrome or Fibromyalgia Made by a
Specialist?
I am always very skeptical
on my chances of winning when a person comes to me and is
not being treated by a specialist in Chronic Fatigue
Syndrome and/or Fibromyalgia. I usually prefer to see that
the client is being treated by a Rheumatologist but I have
been successful in these type of cases working with an
Infectious Disease Specialist and a Neurologist. I feel
that the diagnosis of a primary care or internist is not
sufficient in this type of case. It is also important, of
course, for this doctor to be supportive of his/her
patient’s disability case and for me and the client to
know this from the beginning of my representation. If a
person calls me and does not have a specialist working
with him/her, I suggest that they contact a local support
group for a referral.
2) Has the Client’s
Doctor Eliminated Other Diseases Through Testing Before
Diagnosing Him/Her with Chronic Fatigue Syndrome and/or
Fibromyalgia?
I feel that to provide
validity to the diagnosis of Chronic Fatigue Syndrome
and/or Fibromyalgia certain medical tests need to be
performed so as to rule out other conditions. I usually
like to see blood work done that excludes other Rheumatic
diseases which may share symptoms with, or mimic, CFS/FMS.
In cases of Fibromyalgia I look for a physical exam that
finds and documents tender points. In Chronic Fatigue
Syndrome cases I also normally like to see that a Tilt
Table Test has been done.
3) Are the Client’s
Complaints Typical For Someone Who Suffers With Chronic
Fatigue Syndrome and/or Fibromyalgia?
By now I can usually tell
by interviewing a prospective client if his/her complaints
are typical. The client’s medical records should show
documented symptoms. Without this documentation, the
diagnoses of CFS/FMS may be subject to disbelief by Social
Security.
4) Was the Client Treated
With Physical Therapy and/or Pain Medication?
I like to show an
Administrative Law Judge (ALJ) that my client has tried
whatever treatment is available for his/her condition.
Whether this is a series of physical therapy appointments,
narcotic pain medications or even non-traditional
treatments like biofeedback or acupuncture. I feel that
the severity of my client’s condition will be supported
by the fact that he/she has tried everything to find
relief.
5) Has the Client Consulted
or Been Treated by a Psychiatrist or Therapist?
Because I do not want an
ALJ to attempt to say that Chronic Fatigue Syndrome or
Fibromyalgia are "mental disorders" I like to
show the ALJ that my client is either seeking treatment
for depression or anxiety or has had these conditions
ruled out by a mental health specialist and are still
suffering from Chronic Fatigue Syndrome and/or
Fibromyalgia.
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About
The Author
Sheri
R. Abrams, is an Attorney who practices
Social Security Disability Law in
Virginia, DC and Maryland. Ms. Abrams
graduated from the George Washington
University Law School and the Boston
University School of Management. For more
information please see Ms. Abrams's web
site at http://www.sheriabrams.com.
sheri@sheriabrams.com |
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