Discussion in 'Fibromyalgia Main Forum' started by ForeverFlaring, Apr 12, 2003.

  1. ForeverFlaring

    ForeverFlaring New Member

    I read somewhere last night..I have no idea where as lack of sleep is causing major fog today...anyhow I read somewhere on here in looking up old posts that if you have a positive EBV titer you cannot be denied for SSDI? I have searched for the message again but cant seem to find it. I will keep looking but is this true? I have a positive EBV..actually doc called it "off the charts" and a positive ANA. If this is in fact a true statement, then I can stop worrying about how to pay my bills and feed my kids, as I cannot be denied.

    Sandy (FF)
  2. ForeverFlaring

    ForeverFlaring New Member

    By the SS laws......... 02/28/03 02:11 PM

    If you have been diagnosed as having Epstein Barr virus then they have to approve your disability. My lawyer pointed this out to me. SHe actually showed me the disability by-laws and under such and such a number it said that if a person tested positive for epstein barr then that was enough for disability approval.......of course there are other things that will get you approved but at my hearing she specifically pointed this out to the judge so that he would be more likely to approve. That was in 1997.

    Has anyone else found this to be true? Has anyone had a cut and dry case where the titer was positive and because of this disability was approved?

  3. ForeverFlaring

    ForeverFlaring New Member

    I also came across this. it is great to have Madwolf here, we need a disability lawyer too..LOL :)

    Examples of Medical Signs That Establish the Existence of a Medically Determinable Impairment

    For purposes of Social Security disability evaluation, one or more of the following medical signs clinically documented over a period of at least 6 consecutive months establishes the existence of a medically determinable impairment for individuals with CFS:

    * Palpably swollen or tender lymph nodes on physical examination;
    * Nonexudative pharyngitis;
    * Persistent, reproducible muscle tenderness on repeated examinations, including the presence of positive tender points; 3 or,
    * Any other medical signs that are consistent with medically accepted clinical practice and are consistent with the other evidence in the case record.

    Examples of Laboratory Findings That Establish the Existence of a Medically Determinable Impairment

    At this time, there are no specific laboratory findings that are widely accepted as being associated with CFS. However, the absence of a definitive test does not preclude reliance upon certain laboratory findings to establish the existence of a medically determinable impairment in persons with CFS. Therefore, the following laboratory findings establish the existence of a medically determinable impairment in individuals with CFS: 4

    \4\ It should be noted that standard laboratory test results in the ``normal'' range are characteristic for many individuals with CFS, and should not be relied upon to the exclusion of all other clinical evidence in decisions regarding the presence and severity of a medically determinable impairment.

    * An elevated antibody titer to Epstein-Barr virus (EBV) capsid antigen equal to or greater than 1:5120, or early antigen equal to or greater than 1:640;
    * An abnormal magnetic resonance imaging (MRI) brain scan;
    * Neurally mediated hypotension as shown by tilt table testing or another clinically accepted form of testing; or,
    * Any other laboratory findings that are consistent with medically accepted clinical practice and are consistent with the other evidence in the case record; for example, an abnormal exercise stress test or abnormal sleep studies, appropriately evaluated and consistent with the other evidence in the case record.

    Mental Findings That Establish the Existence of a Medically Determinable Impairment

    Some individuals with CFS report ongoing problems with short-term memory, information processing, visual-spatial difficulties, comprehension, concentration, speech, word-finding, calculation, and other symptoms suggesting persistent neurocognitive impairment. When ongoing deficits in these areas have been documented by mental status examination or psychological testing, such findings constitute medical signs or (in the case of psychological testing) laboratory findings that establish the presence of a medically determinable impairment.

    Individuals with CFS may also exhibit medical signs, such as anxiety or depression, indicative of the existence of a mental disorder. When such medical signs are present and appropriately documented, the existence of a medically determinable impairment is established.

  4. kerrymygirl

    kerrymygirl New Member

    I am still laughing About the reply thing. That was cute asnd so was your doc thing I bumped it. I laughed & wanted to cry due to it`s truism,but I was laughing too hard. Anyway as they say in life there are no guarantee`s. in life. People on their death beds have been turned down. This is not to discourage you just I know what those let down letters do. Anyway it is (cumulative )the more you can find wrong.only submit doc`s that you know will help. Cfid`s is on there list now but I do not believe fm or lyme is. The ebv thing and anything else will help. Even give rx`s that you were given and maybe not taking,meds make a big diff.Do you have a handicap placard? That helps. If you have enough you may not even need a atty. Age matters and luck of the draw sometimes. I still say make it easy send someone in for a few days and see how we live. Would save alot of time,$$ and paperwork and our preciuos strength. Remember they just really want to wear you down so you will go away. Just so you did not have to answer yourself. Hugss
  5. ForeverFlaring

    ForeverFlaring New Member

    It sounded a bit too cut and dry to be that easy. Nothing with SSA is easy. I will call my caseworker Monday morning and make sure that my bloodwork is in my file. I might even casually mention it to him and test his respnse.
  6. ForeverFlaring

    ForeverFlaring New Member

    Just bumping to see if anyone else has had this experience. :)

  7. jstbrznby

    jstbrznby New Member

    There is nothing that makes me crazier than what this system called Social Security does to our lives!!! I was past destitution when I got help and I was far convinced they were waiting for me to die. Actually one of my doctors suggested I check out the intrenet for help. Unfortunatly it took me til now to find this board. BUT, I did find a place that helped thru a horrible time in my life and I made friends there for life. If you are interested let me know and I will be happy to send you that way. The other is something I recently discovered, a book called 'Get your Disability Money' It is great and gives you a ton of information about where to go and even as helpful is it deals with what to say and not to say, who NOT to trust (which is pretty much anyone linked to the system) I have the link to that to. If I can be of any help don't hesitate to ask, I know how tough this is. Anyway have a good day, Good Luck...Pam2
  8. ForeverFlaring

    ForeverFlaring New Member

    Thanks for replying to my post. I called my caseworker for the first time today. He was extremely cold towards me and it scared the tar out of me. I kept talking to him though, and "killed him with kindness". He eventually warmed up, and was extremely helpful. I talked to him about the EBV and asked how it would affect my claim. He said it certainly would be taken into consideration, but of course medical documentation was much more valuable and recognized than a blood test. So that answered that question.

    He openly talked about my case with me and told me he was the one who makes the decision. We talked about my depression, and how I have scheduled an appt with a social worker therpaist. He told me that a therapist who is not a psychiatrist or psychologist does not carry much weight as far as depression goes. I found that interesting. I of course started crying on the phone even though I tried not to. I told him how rough finances were and how I needed to be approved ASAP. He told me he can understand that fully, and he would make sure everything was done as quickly as possible.

    In talking to him, I got a really good feeling about everything, but it might just be my imagination. I will be sure to look for that book at the library. It sounds as if it might be very helpful.

    Thanks for the info!
    Sandy (FF)