FIBROMYALGIA AND DISABILITY BENEFITS

SSD BENEFITS AND FIBROMYALGIA

Fibromyalgia is a medical condition for which the Social Security Administration will pay disability benefits. You can obtain Social Security benefits from the SSA if you have fibromyalgia and are unable to work. However, you must show that your illness meets certain rules and will last longer than 12 months.

In order for the SSA to pay you benefits, you must first file an application for benefits. You can file an application on the Social Security’s website. You can apply for two benefits. The first is Social Security Disability Insurance (SSD). The second program is Supplemental Security Income (SSI). SSDI benefits require you to have a lengthy work history. They also require you to pay your taxes. You need to pay taxes for the government to set aside your monthly SSDI benefits. SSDI benefits also come with Medicare. Learn about Medicare benefits.

SSI benefits, on the other hand, are for those people who have never had a job. Similarly, SSI benefits are also for children. Additionally, SSI adds more money on a monthly basis for those with a low SSD payment. If you get SSI benefits, then you can also get Medicaid benefits. Medicaid is a form of health insurance that is accepted by doctors. Learn information about Medicaid benefits.

WHAT IS FIBROYMYALGIA?

Fibromyalgia is known to be a disease of widespread body pain. Widespread body pain means pain that occurs on both sides of your body and above and below your waist. More women than men suffer from the condition. People with fibromyalgia may have a bigger pain response to pressure and soft tissue pain. Also, other symptoms include fatigue, sleep problems and trouble with memory. Some people also report restless legs syndrome.

Additionally, you may have bowel or bladder problems. Also, you may experience a numb feeling in your arms and legs. Some people become sensitive to noise, and lights or temperature. Fibromyalgia may link to Depression, Anxiety, and Post Traumatic Stress Disorder.

A medical doctor usually states you have fibromyalgia after ruling out other potential causes of chronic body pain.  Also, the doctor must verify that a number of symptoms are present. Additionally, Raynaud’s syndrome and pain with pressure points on the body is common.

Your doctor will confirm your condition, after ruling out other illness. Because fibromyalgia is an illness of exclusion, your medical records may show “normal” results on testing. This does not mean that you are unable to win benefits.

MENTAL CONDITIONS AND FIBROMYALGIA

Fibromyalgia, along with Depression, Anxiety, and even Post Traumatic Stress Disorder can result in an award of benefits. However, fibromyalgia is a separate illness from these mental conditions. And, it is not a mental condition, it is a physical condition. It is possible, however, for fibromyalgia to exist along with mental conditions.

Many people also report problems with cognitive functions, which is often called  “fibro fog.” This may involve problems with memory, concentration, and overall mental clarity. Fibro fog can contribute to challenges in daily activities, work, and social interactions. It can also lead to sleep trouble, including insomnia. Lack of quality sleep can further exacerbate cognitive difficulties and contribute to mental health issues.

Managing a chronic condition create stress. Chronic stress can negatively impact mental health. Learning effective coping mechanisms, stress management techniques, and seeking the support of others can help.

The cause of fibromyalgia is unknown. But, it can involve genetic factors.  For example, the condition can run in families. There are also studies that show there may be other factors that cause the illness. Other factors may include stress, past or current trauma, and physical infections.

PHYSICAL CONDITIONS AND FIBROMYALGIA

Fibromyalgia pain can limit your ability to stand or sit for long periods of time. It can also affect your ability to lift, push, pull, and grasp with your hands. Those who experience joint pain from Fibromyalgia may also have problems with bending, lifting, walking, and standing.

Fibromyalgia can make fine motor movements, like using your fingers to write or type, difficult. Additionally, it can cause symptoms similar to IBS. Nausea and chronic fatigue and common physical symptoms as well. Fibromyalgia is also associated with a range of other symptoms, including headaches and sensitivity to light, noise and temperature.

Additionally, the chronic fatigue and pain which comes from the disease can effect your ability to concentrate. If you cannot concentrate, then you cannot remain on task at work.

Several other symptoms can also make physical work impossible. To qualify for SSDI benefits, your symptoms must keep your from working for longer than 12 months.

TREATMENT OPTIONS FOR FIBROMYAGLIA

The treatment of fibromyalgia involves an approach that addresses the symptoms and challenges associated with the condition. The goal of treatment is to manage symptoms and improve your overall quality of life. Here are some common treatments for the management of the illness:

1. MEDICATIONS:

   • Pain Medications: Pain medications that you buy at the store treat pain. In some cases, prescription medications such as Tramadol may be given to you by your doctor.
   • Antidepressants: Antidepressant medications, such as Amitriptyline or Duloxetine may manage pain, improve sleep, and help with symptoms of depression or anxiety.
   • Muscle Relaxants: These medications can help reduce muscle spasms and improve your sleep.

2. PHYSICAL THERAPY:

   • A physical therapist can design an exercise program that is specific to your needs. This may include a combination of exercise, strength training, and flexibility to improve overall function and reduce pain.

3. COGNITIVE BEHAVIORAL THERAPY (CBT):

   • CBT is a type of therapy that can help manage the psychological and emotional aspects of the condition. It focuses on changing negative thought patterns and developing coping strategies.

4. LIFESTYLE CHANGES:

   • Regular Exercise: Engaging in regular exercise such as walking, swimming, or cycling can help improve overall fitness and reduce symptoms.
   • Sleep Hygiene: Good sleep habits and a consistent sleep schedule is helpful for any illness where pain is a symptom. Creating a comfortable sleep environment. Likewise, try to relax before bedtime, as this may help improve sleep quality.
   • Stress Management: Stress reduction techniques, such as deep breathing and yoga, can help manage stress.

5. NUTRITION:

   • Some people find relief from certain symptoms by making dietary changes. This may mean trying to avoid certain foods or seeking out specific healthy foods. It’s important to consult with a doctor before making significant changes to your diet.

SOCIAL SECURITY RULING 12-2p DISCUSSES FIBROMYALGIA

The SSA uses SSR 12-2p to evaluate fibromyalgia cases. For example, in order to find that you deserve benefits for fibromyalgia a person must have the following:

1. A history of widespread pain—that is, pain in all 4 areas of the body (the right and left sides of the body, both above and below the waist) and axial skeletal pain (the neck, chest, thoracic spine, or low back)—that has lasted for at least 3 months. The pain can vary in intensity and may not always be present. Learn how the SSA looks at pain.

2. At least 11 positive tender points on physical exam. The positive tender points must be found on the left and right sides of the body and both above and below the waist.

a. The 18 tender point sites are located on each side of the body at the:

• Occiputal (base of the skull);
• Low neck pain; shoulder pain;
• Supraspinatus muscle (near the shoulder blade);
• Second rib (top of the rib cage near the sternum or breast bone);
• Outer aspect of the elbow;
• Gluteal (top of the buttock);
• Below the hip; and
• Inner aspect of the knee.

b. In testing the tender point sites, the doctor should perform digital palpation with a force of 9 pounds (which is the amount of pressure needed to blanch the thumbnail). The doctor considers a tender point to be positive if the person experiences pain when the doctor presses on the site.

THERE IS A BLOOD TEST THAT CAN DIAGNOSE FIBROMYALGIA

There are doctors who believe that a newly developed blood test can discover Fibromyalgia. This test is called the FM/a test. The FM/a test analyzes blood for abnormalities in “cytokines,” which the immune system produces.

Patients with fibromyalgia have a very different pattern of cytokine production. This different pattern of production is different in Fibromyalgia than it is in other autoimmune disorders, such as Lupus or Inflammatory Arthritis.

Medicare and other insurance companies will pay for the FM/a test. It’s a test that may help confirm whether or not you have fibromyalgia. You should ask your doctor if you can have this blood test to see if you meet SSA’s rules. Learn about Medicare benefits.

One of the benefits of winning your case is that it can help with the costs of treatment. According to the American Academy of Neurology, the average cost for annual treatment can add up to over $11,000 a person. This amount can be even greater if you don’t have health insurance. If you win benefits, then you may also be able to receive Medicaid coverage. Learn information about Medicaid benefits.

THE SSA MAY SEND YOU TO A DOCTOR TO EVALUATE YOUR FIBROMYALGIA 

Social Security Ruling 12-2p also states that the SSA may send you to a medical exam with one of SSA’s doctors. If they do so, then you will not have to pay for the exam. Also, if the SSA does send you to visit one of their doctors, then you need to go and explain your symptoms. The doctor is looking to see if your symptoms keep you from working.

Because the symptoms and signs of fibromyalgia vary over time, it is important that the doctor who performs the SSA exam has access to your past medical records. The doctor will look at your treatment history. Also, the doctor will examine you and ask about your symptoms.

However, even if the doctor does not have those records, it is likely the SSA will rely upon the medical opinion of their own doctor. Make sure to tell the doctor about all of your symptoms, both physical and mental.

If your symptoms are severe, then you will not be able to sustain a 40 hour work week. Therefore, the SSA should pay you SSDI and SSI benefits.

CALL US IF YOU WANT TO WIN SSDI & SSI BENEFITS

Fibromyalgia is a serious medical condition according to the National Institute of Health. If you have chronic, body pain, severe fatigue, and any other symptoms, then you should seek treatment from a doctor.

In order to win benefits, you will need medical records from a treating doctor and a history of treatment for your mental or physical condition.  You cannot win your SSD benefits without medical evidence from a treating doctor.

Our legal team can help you gather evidence from your treating doctors. For example, we obtain evidence for you when you file your application and on appeal. We want you to have the medical evidence you need to explain your issues to the judge.

Also, we will help you prepare for your hearing. Prior to the hearing, we will meet with you and discuss the kind of questions the ALJ might ask. We will also explain to you how to best answer the questions at your hearing. Find out about our lawyers and staff on our About Us page.

The legal help we offer creates trust in the attorney client relationship. As your SSD attorney, we want you to win the SSD and SSI benefits that you paid for by working. It is the goal of our law office to give you excellent legal advice. We also want to make the Social Security process easier for you.

WHAT DOES IT COST TO HIRE OUR LAW FIRM?

Another important factor to consider is what it costs to hire an attorney. At our law firm,  you do not pay an attorney fee until we win your case. The attorney fee comes out of your past due SSD benefit. If we do not win your case, then there is no back benefit. Therefore, you will not owe an attorney fee.

How much is the attorney fee? It is 25% of your back benefit. But, the fee is capped at $9200. You do not pay more than the cap of $9200. If you win, then you will pay either 25% of the back benefit or the cap. You pay whatever amount is less. For example, if your back benefit is $100,000, our attorney fee would be $9200, not $25,000. Or, if your benefit is $10,000, then you would pay 25% of the back benefit. That would be $2500.

If there are costs in your case, then you pay for those costs. However, the costs are minimal. For example, you must pay for a copy of your medical records. The medical records cost whatever your doctor charges for them. You owe costs whether we win or lose your case. But, to hire most lawyers, you have to pay an attorney fee upfront. That doesn’t happen when you hire our law firm to help you win SSDI and SSI benefits.

WHAT WILL IT COST YOU IF YOU DON’T HIRE THE RIGHT LAWYER?

What will it cost you if you don’t hire a lawyer with the legal experience to win your benefits? For example, if you win benefits for fibromyalgia at 50 years old, then you win SSD benefits for the next 17 years. SSD benefits cease at age 67. 67 is full retirement age. You may also win two of years of past due benefits. Therefore, when you apply for SSD benefits at the age of 50 years old, is 19 years of SSD payments.

Nineteen years is is 228 months. At $1200 a month (which is a lower than average monthly benefit amount), that is $273,600. Additionally, you will win a higher retirement benefit after the age of 67. Let’s say the average higher retirement benefit is $300 a month and you live to be 90 years old. That is another $82,800.

It costs 25% of your back benefit OR $7200 from your back benefit to pay your attorney. You pay us whatever is less and only if you win. If you win your case, then your attorney has just won you $356,400, plus early Medicare benefits. You attorney will be paid $9200 and you will be paid $349,200.

All attorneys charge the same fee. So, you can go it alone and not hire an attorney, but chances are you will lose $356,400. Or, you can hire an attorney with over 30 years of experience. The choice is yours. But, we hope you can see that the cost of a lawyer with years of experience is worth it.

LEARN ABOUT YOUR WINNING LEGAL TEAM

You can find out more about your legal team. Dianna Cannon has been an SSD lawyer for over 30 years. She is admitted to the bar in Utah. Learn about Utah SSD benefits. Nevada SSDI benefits information is also available. Ms. Cannon is a member of bar in Nevada and California. You can learn about filing for SSD benefits in California.

Likewise, attorney Brett Bunkall has won hundreds of cases in Utah, Nevada, Idaho, and California. Andria Summers has over 20 years of experience helping clients win benefits. She also helps people choose their Medicare benefits.

If you have further questions about your benefits, then call our office. Also, if  you believe you cannot work and need SSDI and SSI benefits, then you should contact us.

We offer a free review of your case. We cannot guarantee we will take your case. But, we will tell you whether you have a good chance of winning SSDI and SSI benefits.

When you call, we will talk to you free of charge. And, we will let you know if we can help you win your case for Social Security benefits. If we do agree to represent you, then we do not charge you an attorney fee until we win your case. Learn about attorney fees in SSD cases.

Therefore, you will not owe an attorney fee if we do not win your case. However, if there are costs in your case, then you pay them. But the cost for most cases is less than $100. Usually those costs consist in getting a copy of your medical records. We know you don’t have a job. So, we try to keep costs low. Call today. See what we can do to help you win benefits for your fibromyalgia.