Ruling on Fibromyalgia for Social Security Disability and SSI Claimants

English: The location of the nine paired tende...

English: The location of the nine paired tender points that comprise the 1990 American College of Rheumatology criteria for fibromyalgia. (Photo credit: Wikipedia)

     Individuals applying for Social Security Disability and SSI got some good news in July of 2012 when the Social Security Administration issued SSR 12-2p.  Previously, SSDI and SSI claimants met varying levels of scrutiny when alleging disability based on fibromyalgia.  Administrative Law Judges often denied claims finding complaints not credible, that impairments were not severe, or no medical diagnosis – just to name a few.  SSR 12-2p states that fibromyalgia may be a medically determinable impairment when it is established by appropriate medical evidence.

 The fibromyalgia diagnosis must be made by a licensed physician after reviewing claimant’s medical records and conducting a physical examination.  The diagnosis must be consistent with evidence in the record and must satisfy the criteria required by either the 1990 American College of Rheumatology (ACR) Criteria for the Classification of Fibromyalgia or the 2010 American College of Rheumatology Preliminary Diagnostic Criteria. 

     SSR 12-2p requires adjudicators to follow SSR 96-7p to evaluate the claimant’s statements about symptoms and functional limitations.  One the medically determinable impairment of fibromyalgia is established, the adjudicator can consider any evidence from a treating source, including those not considered “acceptable medical sources,” as well as evidence from friends, family, past employers, etc.

      Additionally, SSR 12-2p instructs that although there is not a specific listing for fibromyalgia at step three of the sequential process that it could equal a listing such as 14.09D for inflammatory arthritis.

     If you need more information about a Social Security Disability/SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, long or short-term disability, VA disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation.  We can be reached at (865) 584-1211 or (800) 806-4611, through Facebook, or through our website.  Our office handles claims throughout East Tennessee, including Knoxville, ChattanoogaKingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.

 

Advertisements

About farmerdreiser

Based in Knoxville, Tennessee, The Law Offices of Tony Farmer and John Dreiser provide comprehensive representation to injured victims throughout eastern Tennessee in personal injury, Social Security disability, and workers' compensation cases.
This entry was posted in Social Security and tagged , , , , , , , , . Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s