New Fibromyalgia Disability Ruling from Social Security – SSR 12-2pTuesday, July 24, 2012
Social Security is scheduled to release it’s long awaited Fibromyalgia Ruling, SSR 12-2p tomorrow, July 25, 2012. Click here for a PDF version the full Social Security Disability Fibromyalgia Ruling.
Social Security has been awarding disability benefits for individuals with fibromyalgia for many years. However, until now, the Social Security Administration had given adjudicators, attorneys and doctors little formal guidance on how to evaluate the often times subjective symptoms of fibromyalgia. Until now, Social Security Disability lawyers frequently took general guidance from Social Security Ruling 99-2p Chronic Fatigue Syndrome (CFS) which was issued in 1999. Chronic Fatigue Syndrome is not the same as fibromyalgia, although sometimes certain symptoms overlap.
Fibromyalgia cases, just like Chronic Fatigue Syndrome (CFS) cases, are still tough claims to win and you are almost always guaranteed to have an Administrative Law Judge (ALJ) Hearing. This is largely because an ALJ will want to assess the credibility of a claimant’s complaints of pain, and can only do that in a formal hearing setting.
However, with good treatment notes ducumenting multiple tender points from a treating Rheumatologist along with a good Fibromyalgia Residual Functional Capacity Form, fibromyalgia claims can be easily won by a skilled Social Security Disability attorney.