Saturday, January 21, 2012

Do You Qualify For Disability For Fibromyalgia?

In a survey conducted by the National Fibromyalgia Association, 99 percent of the respondents who were currently disabled because of fibromyalgia, said that they would return to work immediately if they could find some relief for their pain.


If it has become impossible for you to maintain work on a consistent basis, you can may want to consider applying for Social Security Disability.  The reality however, is that the disability process is a taxing one and for someone with fibromyalgia it can be arduous at best.  Many find the process too exasperating and give up only to find themselves living a financial nightmare.
In the majority of fibromyalgia cases, the individual can continue to work, but in some situations disability is not a choice but rather a necessity.  Understand that disability does not have to be a permanent situation.  If you are concerned about being able to work, first consider trying these options:
  • Cut back the number of hours you work
  • Get permission to work from home
  • Talk to your employer about setting up an area where you can lie down and rest during the day
  • Work the hours of the day that you usually feel best
  • If necessary, find a different job that is not as stressful, demanding or is closer to home
It is important to note that the Social Security Administration has determined that fibromyalgia "can constitute medically determinable impairments within the meaning of the statute."  Or in other words, a person with fibromyalgia can be found disabled if it is proven that they meet the accepted medical standards for disability.  Social Security Disability Insurance is just that--insurance coverage for wage earners who have worked 5 years out of 10 years before they became unable to work.
Social Security disability benefits range between $350 and $1,800 per month, and access to Medicare begins after 24 months of benefit payments.  The onset of disease is usually not the onset of disability.  To qualify, you have to meet Social Security's qualifications, which are determined by five questions.
  1. Are you working?  If you are working and your earnings average more than $800 a month, you cannot be considered for disability.  However, this is not a hard and fast rule and there are exceptions
  2. Is your condition "severe"?  You condition must interfere with basic work-related activities for your claim to be considered disabling.
  3. Is your condition found in the list of disabling impairments, and if not is it sufficiently severe? (The listing is contained in the booklet "Disability Evaluation Under Social Security."  The office of Medical Evaluation is the source of all Social Security information pertaining to medical issues.  The address to obtain a copy of the booklet is: 
          Office of Medical Evalation
          Office of Disability, SSA
          6401 Security Boulevard
          Baltimore, MD 21235
The list of disabling impairments is maintained by Social Security.  Certain impairments are considered severe that they automatically qualify you as disabled.  Fibromyalgia is not on the list, and must be decided based upon medical and vocational (or work related) considerations.  Those rules are not easy to find because they take concepts from a wide body of regulations, case law, and vocational evidence.
      4.  Can you do the work you did in the last 15 years?  If your condition is severe, but not at the same or equal    severity as impairment on the list, it must be determined whether it interferes with your ability to do the work you idid in the last 15 years.  If it does not, your claim may be denied.  There are rules that incorporate age, education, and past work experience, which may affect the entire situation.
      5.  Can you do other work?  If you cannot do the work you did in the past, you will be evaluated to see whether you are able to adjust to other work.  To be disabled you must be unable to perform an unskilled, sit-down job on a full-time, regualar basis.  If you cannot adjust to other work, your claim will be approved.
Studies such as the occupational environment study by George Waylonis, M.D. are useful in looking at the types of work activities that cause problems for people with fibromyalgia.  When applying for disability you are placing yourself in a stressful situation.  Be prepared to feel frustrated and exhausted by the process.  If you recognize that this is going to be a long difficult course, in the beginning you can mentally and physically prepare yourself for the ordeal.
How To Win Your Case?
You can do many things to help ensure that you win your disability case.  To get through the process, be sure that you have the involvement of a well-informed, supportive, health-care professional, a knowledgeable attorney, and family members who are willing to assist you and to see that you are mentally prepared to be persistent throughout the process.  You do not win your case proving that you have fibromyalgia, but rather that you are physically incapable of performing your past job functions and all other types of work.  One of the more vital points that you need to prove is that your illness prevents you form regular work attendance.
75% of all disability applications will initially be denied benefits.  Half of those denied will give up and not appeal the denial. 53% percent of the applicants who persevere to a hearing before an administrative judge will obtain benefits.
Keep in mind:
  • The Social Security Administration has determined that fibromyalgia "can constitute medically determinable impairments within the meaning of the statute."
  • Several kinds of disability programs exist, including state worker's compensation, private pension disability, public pension plans, and Social Security Disability Insurance (SSDI)
  • To qualify for Social Security Disability Insurance, you have to meet social security's qualifications.
  • When applying for disability you must be committed to being patient and to seeing the process through.
  • As soon as you know that you are not capable of working any time in the next 12 months and that you have a valid disability case, you should contact the Social Security Administration (the SSA nationwide number is 1-800-772-1213) and request an application to apply for disability.  You can also apply online.
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