Fibromyalgia is a medical condition that can cause pain, fatigue, and other symptoms. It is considered a chronic disease, meaning it lasts for an extended period. It can also affect your ability to work. This makes it a covered claim under Social Security Disability (SSD).
If you suffer from fibromyalgia, speak with a lawyer from Pond Lehocky Disability.
What Is Fibromyalgia?
Symptoms of fibromyalgia include physical pain, fatigue, and mood and memory issues. This disease often presents after surgery, trauma, psychological stress, or infection. Sensations of pain are amplified in fibromyalgia. This is due to the way the brain and spinal cord process signals that are both related and unrelated to pain.
The American College of Rheumatology (ACR) defines fibromyalgia as:
- You suffer from widespread pain.
- You have at least three months of symptoms.
- You do not suffer from another disorder that can cause the pain.
- Tenderness is present at 11 or more of 18 specific tender point places of the body.
Unfortunately, there is no cure for fibromyalgia.
What Causes Fibromyalgia?
A direct cause of fibromyalgia has yet to be determined. Scientists and doctors believe it is how the central nervous system processes pain. People might develop fibromyalgia because of the following:
- Issues with the central nervous system
- Rheumatoid arthritis
- Repetitive injuries
- Autoimmune conditions such as lupus
If a female has fibromyalgia, their younger female relative may develop the condition.
Can You Get Disability Benefits for Fibromyalgia?
Fibromyalgia is an approved SSD disability under the Social Security Administration. If the disability is debilitating enough you will be able to obtain benefits if unable to work to earn a living. However, it can be a challenge to prove that the disease is debilitating enough to keep you out of work.
You should seek the assistance of an experienced Social Security Disability lawyer. To prove that you deserve SSD for fibromyalgia, you will need to show the following when filing a claim:
- You were evaluated by a doctor.
- There are no other existing conditions that could be causing your symptoms.
- Your job performance is limited by the symptoms you are experiencing.
- You are unable to perform tasks from any job that would provide you with enough income to live your life.
Is It Difficult to Get Benefits for Fibromyalgia?
It can be extremely difficult, but not impossible to get benefits for fibromyalgia. This is due to the inability of fibromyalgia to appear on tests like MRIs or X-rays. Fibromyalgia symptoms are subjective. This is because they are based on patients’ reports to their doctors.
When you work with an SSD lawyer from Pond Lehocky Disability, you can expect us to fight vehemently for you. This will not be an easy fight, but it is one we have succeeded in for other clients.
How Can an SSD Lawyer Help with a Fibromyalgia Claim?
One of the benefits of working with an SSD lawyer for fibromyalgia is we will take care of all the paperwork. This includes evaluating medical records and comparing them to the legal statutes. Your claim might require additional documentation to move forward.
A lawyer can assist with this as well. Additional documentation might include a vocational analysis and a functional capacity evaluation (FCS). These documents can help prove to the SSA that you are unable to work.
How Much Does a Fibromyalgia Disability Lawyer Cost?
A fibromyalgia disability lawyer’s fees have to be approved by the government. The SSA sets the fee structure for all Social Security cases involving lawyers. If the case winds up reaching the hearing stage, the fees must also be approved by the judge.
The fees for a disability lawyer are capped at 25% of the benefits you’re owed, or $9,200, whichever is less. If the fee cap is raised during your case by the SSA, you will have to pay the new fee. However, you will still not pay more than the 25% of back benefits owed to you, or whichever is lower.
As an example, if you win your case at a value of $20,000, the percentage fee paid to the lawyer would be $5,000. The $5,000 fee is less than the $9,200 cap, so you would pay the $5,000. This fee structure makes it easier to afford a lawyer when filing a fibromyalgia claim. This is especially true because you do not pay a fee unless the lawyer wins your case.
If the value of your case is $100,000, the 25% fee would be $25,000. Since this is a higher value than the capped fee of $9,200, you would pay the $9,200 out of your claim payout instead of $25,000.
What Can You Do if Your Fibromyalgia SSD Claim Is Denied?
If your fibromyalgia SSD claim is denied, you have just 65 days from the date of denial to file an appeal. The appeal is known as a reconsideration request, but know that close to 90% of these requests are denied again. If your reconsideration request is denied, you have another 65 days to appeal that decision and ask for a hearing.
The hearing is the most important part of the appeals process. This is because it allows your Social Security disability lawyer to argue your case in front of a judge. Your lawyer will be allowed to present evidence, including witness testimony. Cases that reach this stage are often approved at a rate of 80 to 85%.
Should the hearing lead to a denial, you have one more appeal opportunity. This appeal will also be in front of a judge who will make a final determination. If the claim is denied yet again, you have 65 days to file a lawsuit to have the benefits approved. The lawsuit will move through the regular court system and can take years to resolve.
Talk to a Lawyer if You Have Fibromyalgia and You’re Being Denied Benefits
Do you suffer from fibromyalgia? Be sure you see a doctor to have the symptoms properly evaluated and documented. The documentation will go a long way in helping prove your case with the SSA when filing a claim.
Speak with an experienced and compassionate lawyer from Pond Lehocky Disability. Our team has years of experience representing clients in SSDI claims of all kinds. These include fibromyalgia. Contact our office today to schedule a free consultation. You can also reach us at 1-800-568-5700.
