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SSI/SSD Resource : Social Security Disability and Fibromyalgia
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From: MSN Nicknamepray4acure2  (Original Message)Sent: 6/17/2007 7:42 PM
Social Security Disability and Fibromyalgia
by: Alexandria Jordan
(See End Of Article For Helpful Links)
 
It may not be easy, but it IS possible to get your disability due to having fibromyalgia.  Here are some tips.
 
It is true that you can get your disablility without hiring an attorney, BUT......there is a LOT of work involved in winning an SSD claim if you DON'T have fibromyalgia...and even more if you do!  It can be OVERWHELMING! If you could do all the stuff SSD was asking, chances are, you are NOT disabled yet!!!!!!  So, consider getting an attorney, but again, it is NOT necessary!  If you have loved ones or friends who have the time and are willing to help you, you may decided not to get an attorney.
 
It is very important to have a physician treating you!  It is really easy to get tired of paying money to go to doctors who may not seem to be  REALLY helping anyway.  Especially when  fibromyalgia has taken away your ability to work, to earn money, and/or to have insurance.  Many find themselves struggling just to hold on to their home and car and to feed their family and pay the essential bills!  Doctor's visits can seem a luxury that simply can not be afforded.  BUT,  even if the doctors do not seem to be helping  you, if you are not under a doctor's care, SSD will reply, "Then you must not be very sick!"  So, you MUST be under a doctor's care and you need to be going on a regular basis.
 
You need to have your physician complete a lengthy questionaire about you for submission to your SSD claim file. (If you have an attorney,  chances are he/she will have a form like this.  If not...insist on them getting one or get another attorney!)  This questionarie needs to include:
  • Your diagnosis and WHY !  The doctor needs to include specific data about your tender points,  your fatigue, and any and all other symptoms you have that has lead him/her to conclude that you have fibromyalgia and all the tests that have been run to rule out anything else. This should also include date of onset. Your doctor also needs to state that these symptoms are similar to other patients he has treated with fibromyalgia.
  • Your doctor should also go through a complete list of what you can and can not do such as lifting, standing, sitting, etc. This should say things like: "Patient can not stand over 15-30 minutes at a time." and "Patient can not sit over 30-45 minutes at a time." etc.  This should also include a statement about how often you have to lay down and rest or nap during the day.
  • Your physician should also list how often you can not even get out of bed or attend to functions you have planned, such as doctor appointments, family get-to-gethers, etc.
  • Your doctor should include his/her prognosis...whether or not he/she believes you will get better.
  • You physician should use this data to state it is his/her opinion that you can not hold a job and why, such as...can't stand/sit consistantly; can not maintain regular attendance, etc.

Many physicians charge extra to complete such lengthy forms, but it is worth it!  To help your physician have excellent records to submit for your file and to complete this form accurately,  try very hard to find the energy the week before EACH of our doctor's visits to keep a very detailed account of your: 

  • symptoms
  • pain
  • sleep cycle
  • medication need/use
  • amounts of rest required
  • what you can and can not do
  • fibro "fog" occurences and severity

This next suggestion will probably make you angry at first......but it is very  important.  You need to be in therapy or counseling and you need to take an MMPI (Minnesota Multiphasic Personality Instrument).  Yes, it IS insulting to have to seek psychological diagnosis and treatment, but it is an insult we simply have to grit our teeth and bear at this time.  The SSD requirements that the SSD judge will use to decide how to rule on your claim lists the necessity of a psychological component along with the medical diagnosis of fibromyalgia.  (I had this shown to me in black and white before I believed it......and it was by...someone who knew HIS/HER stuff.  I won't give the name but I will tell you that I know severl SSD Judges and retired SSD Judges)  The purpose of the MMPI is to determine if you have a psychological diagnosis.  Even if you do not (and who can have a chronic illness and not at least be identified as depressed?) the test can show that you believe you are too ill to work......and that will help your case.  Insulting? Yes! We all know fibro is why we are depressed and can not work, not the other way around.....but......when in Rome!  Bite the bullet and take the test.  Then,  stay in therapy and make the best of it!   A good therapist will KNOW that fibro is NOT in your head and help you learn to deal with your life now that you have fibro.....and that can be very helpful to YOU!  The MMPI and your therapy documentaion (and the antidepressants you will undoubtedly be put on) will go a long way to help you win your case and WILL be looked for by the judge. Remember, they are supposed to determine that a psychological component has been identified!  Be aware, the MMPI is NOT inexpensive,  nor is therapy.  You may want to check in your area for clinics that base your payments on your income.

Another important thing is the "flow" of your medical records.  Chances are you were treated by a family physician who could NOT figure out what was wrong with you.  You were probably also sent to numerous specialists over a period of months or even years.  You probably had numerous tests at numerous different places!  If not...you are very fortunate! If you did,  it can be difficult to get all of these records.  Then,  if you do get them,  they can be confusing and seem contradictory.  It is very IMPRESSIVE if your family physician (who has known you longest...) will write a letter summarizing ALL you have been through and the eventual diagnosis.  If this physician will state that it is their opinion that you do indeed have fibromyalgia ( now that he has sent you here and there...)and that you are infact disabled,  it can be very helpful.  In this letter,  the doctor should emphasize that he/she has known you for YEARS and should get a little personal, with things like..."tried very hard to keep working and determine what the illness was"  or "was known to me to be very active and productive...".  A letter like this helps to "pull it all together" for the judge,  the medical specialist,  and the vocational specialist.

You will probably be sent to an SSD physician for his/her opinion about your condition.  Do not leave this to chance!!!  It is the job of these physicians to NOT make a report in your favor!  Take someone with you and insist that they be allowed to go into the room with you!  After the visit,  the two of you should document EVERYTHING you can remember about the appointment. (I know of horror stories where the nurse can not even spell to take the medical history, or is too busy,  or simply does not take it...doctors who run in and out of the room,  never really paying attention to your answers or how you are responding to the exam...the list goes on and on!!!)  As soon as it is possible,  find out what this physician has sent to your file.  It will more than likely not be in your favor!  (Frequently these doctors will say fibro patients are "faking" or "not credible".)  You and the witness you took with you should get detailed letters about the experience notarized and sent to SSD to complain about the doctor and his/her findings.  A copy of these letters should be in your file. 

Contact people you worked for and with and ask them to send notarized letters for your file which state:

  • how they know you (your work relationship with them)
  • how long
  • your work ethic
  • anything they can remember about your struggle with you illness, especially if they can recall how it affected your work, how hard it was to diagnose, ect.

Letters like this can help establish your work ethic and personality for the judge and medical and vocational specialsist.  Also,  have copies of any:

  • certifications
  • continued education
  • awards
  • favorable performance evaluations
  • college transcripts
  • ACT or SAT scores

put into your SSD file.  These help to show that you embraced your job/career and were not someone who just "got by".  These too go a long way in making you a person in the minds of those who will make the decision about your disability;  this helps them to see you as what you were and not just another one of those "fibro nuts!"  A letter from your pastor can even be helpful.

I hope these tips will help you with your disability claim.  If you have questions,  feel free to email me at:

[email protected]

Other links:

www.ssa.gov

www.immunesupport.com

www.healthlinkusa.com

www.ahloans.com

www.fibrom-1.org/fibro.htm

I also have a weekly chart for use to document your symptoms before each doctor's visit that I will be glad to send you if you email me your name and address.




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