Social Security Disability and Fibromyalgia: is there any Hope I can Win?

Social Security disability judges are increasingly reluctant to award benefits to fibromyalgia claimants unless these claims meet a certain profile. My name is Jonathan Ginsberg and I practice Social Security disability law in Atlanta, Georgia.

I first started seeing disability claims based on “multiple myalgias” or “FMS” around 10 years ago. Back then, many disability judges had never heard of this condition and they struggled with how to approach claims where claimants seemed credible and treating doctors offered written support, yet there were no diagnostic tests that confirmed that this widespread pain condition actually existed.

Back then it was common for judges to call psychiatrists as expert witnesses at hearings and they would approve or deny based on a mental health interpretation of fibromyalgia.

Around 6 or 7 years ago, FMS became more mainstream and judges seemed more comfortable concluding that this syndrome was real and that high achieving 40 to 50 year old females would not give up solid careers as professionals or executives to wait 2 years to collect ,000 in disability benefits.

Within the last 2 to 3 years the trend has shifted back to again make it more difficult for a fibro patient to win disability. This is because the FMS diagnosis has been overused, especially by family doctors who have perhaps been too quick to slap a fibromyalgia diagnosis on patients who complain of widespread pain but who have not confirmed their diagnoses with a rheumatologist.

In addition, Social Security judicial supervisors continue to encourage judges to only approve cases where there is strong medical evidentiary support.

You can still win a fibromyalgia disability case but, as I point out in this video, your claim file needs to meet a certain profile. Here is what I am telling my clients:

1. If you have other diagnoses that lend themselves to objective testing, it may be better to base your claim on other conditions like irritable bowel syndrome, depression, inflammatory arthritis, etc.

2. Seek treatment from a rheumatologist who evaluates you using criteria set out by the American College of Rheumatology. It is no longer sufficient to rely on a FMS diagnosis from your family physician.

3. Try to work if you can and remain compliant with medications and treatment protocols. Failed work attempts can be very compelling evidence.

4. Demonstrate your intent to fight the label of disabled by seeking treatment consistently and not resigning yourself to permanent incapacity.

Please let me know if you have questions about how to approach your FMS disability claim.

You can also read more about how I approach these cases on my web site at http://bit.ly/fibroclaims. There you can read more about my strategy and review several case studies of claims I have tried before SSD administrative law judges.

Please also visit my blog at http://www.ssdanswers.com and my podcast at http://www.ssdradio.com

Jonathan Ginsberg
Social Security Disability law
Ginsberg Law Offices
Atlanta, Georgia
770-393-4985

http://www.georgiasocialsecuritydisabilityattorney.com/case-strategies-and-case-studies/depression/

Social Security disability and Depression

This video sets out proven strategies about how to win your Social Security disability claim if you claim disability due to depression.

Social Security judges recognize that severe depression can prevent you from performing the duties of even a simple, entry-level job. Depression negatively impacts attention and concentration, pace of work, ability to interact with co-workers or the general public, emotional stability, and reliability.

However, you can’t convince a judge to approve your case unless you prepare a thoughful and compelling argument using Social Security’s terminology and law.

Want to learn more about winning depression Social Security disability claims in Georgia Social Security hearing offices?

Visit my YouTube channel here:
http://www.youtube.com/user/disabilitycases

14 thoughts on “Social Security Disability and Fibromyalgia: is there any Hope I can Win?”

  1. Fibromyalgia cases have become much more difficult to win at Socail
    Security. Find out why and what strategies still work. #fibromyalgia
    #socialsecuritydisability #atlantalawyer #jonathanginsberg
    #disabilitylawyers #myalgia 

  2. That was an excellent video. I have a close friend who has fibro and she
    was denied SS. There is no doubt she is sick and has attempted to work
    several times but can’t handle the physical requirements. I believe she
    has a strong case, however; she lives in Ohio. I assume you could not
    represent her due to the distance.

  3. I have Fibromyalgia as well as an autoimmune disease, Mixed Connective
    Tissue Disease. I would love to see a video for those of us with
    autoimmune diseases and our likelihood of getting SSD. MCTD is a rare
    autoimmune disease, but has A LOT of characteristics of Lupus.

  4. wonderful tips, I am getting ready to start doing hearings and these
    information was really helpful. thanks

  5. Depression & Bipolar can be very deadly disabling DISEASES EFFECTING EVERY
    AREA OF YOUR LIFE.ASK FOR,REACH OUT FOR HELP,DONT LASH OUT A THE ONES WHO
    LOVE U AND ONLY WANTVYOU TO GET PROFESSIONAL PSYCHIATRLC HELP….DR.DJDEB

  6. I think it depends on what you indicated on the form when you applied,
    where it asks you how long you will be disabled. If you indicate that you
    are permanently disabled, I think you can stay on it for life, but I’m not
    sure.

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