Fibromyalgia and Social Security disability

Discussion in 'Chit Chat' started by john1836, Dec 10, 2013.

  1. john1836

    john1836 Member

    This is a hard one to prove. If there are no x-rays or labs to show impairment, it is tough. I would recommend that an individual with this disease go to hearing and ask for a medical expert to testify to the symptoms. It is like Lupus, but they are being granted. I have written the decisions. This is also the case for Chronic Fatigue Syndrome, which is a viable case for disability.
  2. sunflowergirl

    sunflowergirl Active Member

    I don't know where you are but in Calif. it is easy. I applied for SS at 62 and happen to mention about the FM. The counselor told me she could get me medical care and disability but since my husband still works I said it wasn't necessary. I do know in other states its much harder to get disability.
  3. john1836

    john1836 Member

    I am in Mobile, Alabama. SSA is a Federal program and the law is the same for any state. You can get Medicare after receiving 24 payments on disability, including back pay. CA has Medical which is also based on need I believe.

    If you are 62 and have a physical impairment, your chances are good and you would not take the age 62 cut in SSA retirement benefits. I am in the same boat myself, but have this business on the side.
  4. Mikie

    Mikie Moderator

    The key to SSD for those with out "invisible" illnesses is to line up one's own docs and a good disability atty. The atty. should have questionnaires for the docs which leave no doubt that the patient is incapable of doing any job whatsoever. Waiting for the hearing is a big mistake. One has to be prepared long before that. Even with all my evidence, the judge asked me why I couldn't work answering phones. I told him that there would be no place for me to lie down when I felt I would fall down from exhaustion and pain. That seemed to clinch it.

    The key is to show one cannot do any job. It isn't the illness which is important; it's how it makes one unable to function in any job. I had a pit bull atty. who had a high 90 percent win rate and if he was turned down, he immediately filed an appeal. The judges didn't want to go up against him.

    Love, Mikie
    Last edited: Dec 14, 2013
  5. john1836

    john1836 Member

    Sooo true! Just make sure the attorney knows the program.
  6. Mikie

    Mikie Moderator

    Run of the mill attys., who do nothing to help their clients, win 50 percent of the time. They do no work and get paid for every other client. Not a bad business. Interview attys. and only hire one whose win rate is very, very high. Judges know which attys. will appeal and they do not like to have their judgements turned over on appeal. So, they are more likely to give disability even if it isn't a rock solid case. My atty. said the judge would often tell him that he ordinarily wouldn't grant SSD but knew that the atty. would appeal and win so why not just approve it. I think that was true in my case.

    Love, Mikie
  7. john1836

    john1836 Member

    What Mikie says is true. I am not an attorney, but know each judge well as I have written and advised them for many years. They know I know the program and this is why I get results. They DO NOT want to lose on appeal and that is what I have 30 years experience preventing for them!