The Social Security Administration has acknowledged that fibromyalgia is not diagnosed based on gold standard objective testing like MRI’s or  x-rays. The American College of Rheumatology has created a standard for the diagnosis of fibromyalgia which is, in part, based on subjective response you make while being examined.

An administrative law judge cannot reject the treating physician’s opinion regarding work-related limitations based on the absence of objective evidence.

However, I always like to have the treating physician and my client on the same page about your physical activities and restictions and limitations. I use a fibromyalgia residual functional disability form. Contact Nancy Cavey, a St. Petersburg Social Security disability attorney for a copy of the fibromyalgia residual functional disability form.

Posted July 27th 2008 to Social Security Benefits for Fibromyalgia,Social Security Benefts for Musculoskeletal and Spine | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post

Administrative Law Judges seem to have problems with credibility determinations of Social Security disability applicants with lupus. The Administrative Law Judge (ALJ) can find your testimony is not credible if your subjective complaints are not consistent with your daily activities. However, the judge can not reject your testimony about your daily activities unless the judge gives clear and convincing reasons. The judge can’t reject your testimony out of hand.

A judge can’t reject the testimony about your daily activities provided by a neighbor or a family member. The courts have repetitively held that lay testimony is competent evidence that a judge must take into consideration unless they give very specific reasons for rejection of that testimony.

Make sure that your testimony about your symptoms and problems is consistent with your activities. If you have fatigue or side effects of medication, you are not out running a marathon!

Social Security disability applicants with lupus need the assistance of a Social Security disability attorneys like Cavey and Barrett. Contact us at caveylaw.com

Posted June 07th 2008 to Social Security Benefits for Fibromyalgia,Social Security Benefits for Lupus | Comments (0)| Permalink | Trackback |  Print This Post |  Email This Post