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Chronic Fatigue and Fibromyalgia are difficult SSDI cases to win

June 25th, 2007 by Richard Brassaw

As Sandra M. Klepach’s article in the News-Hearld reports, chronic fatigue (CFS) and fibromyalgia (FMS) sufferers have diseases with symptoms that are not objective, which makes it difficult to win Social Security Disability Insurance (SSDI) benefits. The Social Security Administration says that pain and fatigue illnesses “are medically determinable conditions.” In other words it is not something that can simply be proved by an MRI or blood test.

Ann Lang is a N.Y. based paralegal who has won SSDI benefits for more than 20 CFS sufferers in the past 15 years. She acknowledges that her job is one of educating people on what CFS is and doesn’t doubt for a minute that it can render a person legally disabled. She makes her point by explaining that multiple sclerosis was once thought to be something in the afflicted person’s mind. That is, until it was proven that the cause stemmed from plaque on the brain.

Winning CFS claims can be arduous and take time. Sometimes it takes up to three years of appeals before winning a CFS claim.

When deciding if a CFS sufferer qualifies for disability benefits, the Social Security Administration requires a minimum of four symptoms that persist for at least 6 months from this list:

  1. Impairment of short-term memory or concentration severe enough to cause substantial reduction in previous levels of occupational, educational, social, or personal activities
  2. Sore throat
  3. Tender cervical or axillary lymph nodes
  4. Muscle pain
  5. Multi-joint pain without joint swelling or redness
  6. Headaches of a new type, pattern or severity
  7. Unrefreshing sleep
  8. Postexternal malaise lasting more than 24 hours
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tag Category : Chronic Fatigue (CFS), Fibromyalgia (FMS), Social Security Disability

4 Responses to “Chronic Fatigue and Fibromyalgia are difficult SSDI cases to win”

  1. Jonathan Ginsberg, on April 12th, 2008 at 11:57 am Said:

    I would add a few more items to this list:
    - balance issues
    - digestive problems
    - fibro fog (i.e. memory and concentration issues)

    I practice Social Security Disability law in Atlanta, GA and I have represented dozens of fibro claimants over the years. I think that the biggest issue continues to be the judges. If a judge understands fibromyalgia and accepts that it does exist, a fibro claimant can get a fair hearing. If the judge does not believe that fibormyalgia actually exists or if the judge requires that “pay” cases include objective evidence, then the claimant will lose. The trend is improving but there are still judges out there who don’t acknowledge that the condition exists.
    Jonathan Ginsberg
    Ginsberg Law Offices

  2. Juanita, on May 5th, 2008 at 11:21 am Said:

    I have been suffering from many of the above symptoms for many years. It actually started with balance issues about 3 yrs ago and I was constantly being treated for inner ear disturbances, although regardless of what type of treatment that was done, the balance issues remained to some degree. Even now, I often find myself losing my balance while standing still and running into things. I was often described as clutsy or accident prone. I have had the muscle issues for over 20 years and have been told that I just have too much stress and need to relax. Dr’s have offered advice from drinking a beer every night to Xanax–somtimes these things work, sometimes they dont. Just recently, due to severe digestive issues, my dr has said that I have ibs and just to humor me because of how much I have been complaining of fatigue, he ordered cytomeglavirus and epsein barr titers. The four markers for e-b-v came back extremely high and the dr has ordered another blood test in two weeks. In addition to this I have also had a swelling on the left side of my jaw for over 6 months that the dr has said is a stone in my salivary gland and has been prescribing many diff types of antibiotics, none have changed anything with the swelling in the jaw. Now this swelling is also in my left axilla and with my latest mammogram a lump has been found in my left breast into my left axilla. At this point, I havent been able to steadily work for close to 5 months, my dr doesnt really seem to think that what I am dealing with right now should be affecting my everyday life as much as it is. I am an RN plus I own and run my own horse boarding and training facility. I have not been able to care for my horses properly and have not had the energy to go to work, leaving me in a position where I had to resign from my steady job and just pick up agency work when I feel physically capable of doing it. My husband has been extremely patient and supportive up to this point, but I think that he is having some trouble understanding why the dr cant come up with an exact reason why I am feeling this way or to prescribe something to help me feel better. I am concerned at this point that I could also be dealing with some form of non-Hodgkins lymphoma and I am seeing a specialsit for the lump in my axilla and breast. I guess that I am just looking for some advice–would I be able to apply for disability at this point? I just sometimes feel that I cant really go on like this and need some help in sorting through everything.

  3. Richard Brassaw, on May 5th, 2008 at 11:42 am Said:

    Juanita,

    Here’s a few articles that you may find of interest.

    http://www.nidcd.nih.gov/health/balance/meniere.asp

    http://www.tchain.com/otoneurology/disorders/menieres/menieres.html

    http://www.michiganear.com/library/D/dizziness.html

    http://oto.wustl.edu/men/

    Although you did not mention Agoraphobia, I’d like to mention to others that balance issues caused by the inner ear have been known to contribute to this condition. The theory is that while in confined spaces one can orientate by vertical lines, but when in areas that lack strong vertical lines balance can be difficult.

  4. Jean Bevan, on June 5th, 2008 at 1:06 am Said:

    Dear JUANITA, I have been caring for my husband for more than 12 years and one of the most difficult hurdles is that nobody except your immediate family really understands what the C.F. patient is going through. All of your symptoms are suffered by my husband,to a lesser or greater degree. He suffers more muscle pain and has been unable to work for 12 years. He initially suffered from balance issues but these are less at present. He periodically has I.B. He finds that he suffers short-term memory loss, and complains of being in a fog. He has a heightened awareness of senses and cannot be in strong sunlight, too much noise or exposed to strong scent. At present we are having an investigation into his salivary glands because they have been continously swollen for 6 months. It has been an ongoing problem for all of the time but previously they went up and down, now they have remained constantly up. The consultant we saw said that it was a tumour and we will have to have a scan and a biopsy. If that brings any relief hopefully I will be able to let you know.
    I worked until our family were through university,but now I have taken early retirement to enable me to look after my husband full time. We used to live in a suburban area and we found that pollution was making my husband extra fatigued so we moved to the seaside. That has certainly helped. At present he is able to manage about 10 hours a day out of bed.

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