In 2012, the Social Security Administration (SSA) issued "Social Security Ruling 12-2". This Ruling is intended to provide general guidance as to how the SSA will evaluate a claim for disability that is based on fibromyalgia. The Ruling states that a fibromyalgia diagnosis may be considered a medically determinable impairment if "it is established by appropriate medical evidence". The Ruling explicitly states that more medical evidence is needed than a mere diagnosis from your doctor.
The Ruling sets forth two (2) separate sets of criteria that can be used for the establishment of fibromyalgia as a medically determinable impairment. The following four (4) factors are identified as significant:
- A history of widespread pain. The pain must occur both above and below the waist and on both sides of the body. The pain must have persisted for at least 3 months, although it may fluctuate in intensity and may not always be present.
- Evidence that other disorders have been excluded as a cause of the symptoms.
- A physical examination that shows at least 11 positive tender points at certain tender point sites.
- Repeated manifestations of 6 or more common fibromyalgia symptoms, such as fatigue, waking unrefreshed, irritable bowel syndrome, depression, anxiety, and memory or concentration problems
Anyone seeking disability on the basis of fibromyalgia will need to carefully review this Ruling with their attorney in order to make sure that their medical evidence satisfies at least one (1) of the stated criteria. After reviewing this Ruling, there might be a need to request additional information from your doctor(s) in order to meet the specific evidentiary requirements. The rules and regulations used by the SSA are very complex. If you are attempting to obtain disability benefits based on fibromyalgia, you need the help of an experienced attorney.
Additional information can be found on my website, lawyerbriantrandall.com. If you have any question, please contact me at 864-420-0612.
Additional information can be found on my website, lawyerbriantrandall.com. If you have any question, please contact me at 864-420-0612.
lawyerbriantrandall.com
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