Fibromyalgia and Social Security Disability

print this page

article syndicated from Allsup Inc.
updated on 06/20/2007 at 11:06AM

The Social Security Administration uses a process called sequential evaluation to determine who receives benefits.

Here is the five-step process for a Fibromyalgia disability explained:

STEP ONE simply determines if an individual is "working (engaging in substantial gainful activity)," according to the SSA definition. Earning more than $810 a month as an employee is enough for disqualification from receiving Social Security disability benefits.

STEP TWO implies that the Fibromyalgia disability must be severe enough to significantly limit one’s ability to perform basic work activities needed to do most jobs; for example:

• walking, standing, sitting, lifting, pushing, pulling, reaching, carrying or handling
• seeing, hearing and speaking
• understanding/carrying out and remembering simple instructions
• use of judgment
• responding appropriately to supervision, co-workers and usual work situations
• dealing with changes in a routine work setting

STEP THREE has no medical listing for Fibromyalgia. At this level of consideration the adjudicator is required to consider “equating” a medical listing. To establish Fibromyalgia as a medically determinable severe impairment there must be evidence of widespread pain present for at least three months. There must be pain present on palpation in at least 11 of the 18 tender point sites as identified by the American College of Rheumatology and the Centers for Disease Control. There must be evidence of morning stiffness and/or stiffness after sitting for a short period of time. Fatigue is to be present. To equate a medical listing the signs, symptoms and laboratory findings must be equivalent to an established listing. In most claims with a diagnosis of Fibromyalgia a finding of disabled is usually at Step 5, i.e., functional limitations so significantly erode the occupational base for sedentary work that a finding of disabled is warranted.

STEP FOUR explores the ability of an individual to perform work he has done in the past despite his Fibromyalgia disability. If SSA finds that a person can do his past work, benefits are denied. If the person cannot, then the process proceeds to the fifth and final step.

STEP FIVE looks at age, education, work experience and physical/mental condition to determine what other work, if any, the person can perform. To determine Fibromyalgia disability, SSA enlists vocational rules, which vary according to age.

For example, if a person is:

Under age 50 and, as a result of the symptoms of Fibromyalgia, unable to perform what SSA calls sedentary work, then SSA will reach a determination of disabled. Sedentary work requires the ability to lift a maximum of 10 pounds at a time, sit six hours and occasionally walk and stand two hours per eight-hour day.

Age 50 or older and, due to his Fibromyalgia disability, limited to performing sedentary work but has no work-related skills that allow him to do so, SSA will reach a determination of disabled.

Over age 60 and, due to his Fibromyalgia disability, unable to perform any of the jobs he performed in the last 15 years, SSA will likely reach a determination of disabled.

Any age and, because of Fibromyalgia, has a psychological impairment that prevents even simple, unskilled work, SSA will reach a determination of Fibromyalgia disabled.

Problems To Overcome In Receiving Social Security Disability Benefits

More than one million people will file for benefits from the Social Security Administration this year. The bad news is, 60% who apply for benefits will be denied. The good news is, help is available to improve your odds of getting benefits, should you or a loved one become disabled.

All working Americans contribute 7.65 percent from every paycheck to FICA tax. Some of that payment goes toward disability insurance coverage by the Social Security Administration. However, bureaucratic problems plaguing SSA’s Disability Insurance program prevent fair and speedy distribution of benefits to people who are eligible.

These are some of the problems you’ll face if you choose to apply by yourself:

• A backlog of more than a million unprocessed disability claims;

• An average five-month wait after filing a claim before receiving an answer on the initial claim, and almost a year of additional delays if the claim is appealed;

• A backlog of 1.5 million disability cases now awaiting review, with another half million cases coming up for review each year.

Since 1984, Allsup Inc. has helped tens of thousands of people obtain their Social Security disability benefits. The reason for our success--we only specialize in disability representation and other Social Security disability related services.

• Fibromyalgia Articles
• Chronic Fatigue Articles
• Free Newsletter
• Free Ecourse
• Fibromyalgia Ebook
• Fibromyalgia Forum
• Fibro Facts / Pain Chart
• Recommended Products
• Contact Us
•