| Social Security has Impairment Listings for Heart | | | | clinically established by the medical record. The signs |
| Ailments, Back Ailments, etc. Fibromyalgia is not | | | | are primarily the tender points. The ACR defines the |
| found among the Impairment Listings. Thus, an | | | | disorder in patients as "widespread pain in all four |
| applicant cannot obtain a favorable disability | | | | quadrants of the body for a minimum duration of 3 |
| "Impairment Listing" ruling because Fibromyalgia is not | | | | months and at least 11 of the 18 specified tender |
| found among the Listings. The inquiry must proceed | | | | points which cluster around the neck and shoulder, |
| further. | | | | chest, hip, knee, and elbow regions." Other typical |
| Social Security has a five step disabilty process. First, | | | | symptoms, some of which can be signs if clinically |
| if you are working, then the inquiry stops. Second, if | | | | documented over time, are irritable bowel syndrome, |
| you do not have a "severe impairment," the inquiry | | | | chronic headaches, temporomandibular joint |
| stops. Third, if you are not working and you have a | | | | dysfunction, sleep disorder, severe fatigue, and |
| "severe impairment" the next inquiry is does your | | | | cognitive dysfunction. |
| "severe impairment" meet or equal a Listed | | | | Thus, with the above in mind, you try to win a |
| Impairment. You cannot win a fibromyalgia case at | | | | fibromyalgia case with a report from a doctor who |
| this step because there is no listing for fibromyalgia | | | | specializes in arthritis or rheumatology and who can |
| although it can be a "severe impairment" and get you | | | | state the claimant's case meets the above guidelines |
| past step two. Thus, with a fibromyalgia case, you | | | | & the impairment is so severe it affects the |
| will have to go to step four. At step four the judge | | | | claimant's functions to such a degree the claimant |
| must decide if you can do your past relevant work | | | | cannot work. Of course, the doctor needs to itemize |
| (PRW). This is any work you did in the past 15 years | | | | how the fibromyalgia adversely affects standing, |
| prior to your onset of disability. If the judge finds | | | | walking, lifting, sitting, reaching, etc. The doctor's |
| you cannot do PRW, then you go to step five which | | | | treatment records need to support his disability |
| is can you do any other work in the national | | | | report. Recently, I have good success in this area. |
| economy. All my fibromyalgia cases have gone to | | | | However, there still is a lot of prejudice out there |
| step five. | | | | against fibromyalgia. |
| Social Security has begun to recognize fibromyalgia as | | | | For more advice, you can contact us at or email us |
| a legitimate impairment: | | | | at or reach us at |
| On May 11, 1998 the Deputy Commissioner for | | | | This may be considered AN ADVERTISEMENT or |
| Disability indicated as follows: Fibromyalgia is a | | | | Advertising Material under the Rules of Professional |
| disorder defined by the American College of | | | | Conduct governing lawyers in Virginia. This note is |
| Rheumatology (ACR) and we recognize it as | | | | designed for general information only. The information |
| medically determinable if there are signs that are | | | | presented at this site should not be construed. |