How To Win Your Case For Social Security Disability Benefits If You Suffer From Chronic Fatigue Syndrome and/or Fibromyalgia

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 by: Sheri Abrams

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.

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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