I recently posted a case study describing a fibromyalgia disability case I tried before a very reasonable judge in the Atlanta hearing office. I know this judge to be very fair and he tends to approve a higher than average number of claims.
In this particular case, my client was a 59 year old woman with extensive and supportive treatment records. She was a “classic” fibromyalgia patient in that:
- she was a high achieving female
- she was over age 45
- she experiences balance problems
- she experience digestive problems
- she experiences “fibro fog”
- she has sought treatment from multiple doctors and has been fully compliant with treatment
In this case, the judge announced a favorable bench decision without the need for testimony from the vocational witness. Interestingly, the judge based his fully favorable bench decision on the work limitations described in a consultative psychological evaluation report rather than on the fibromyalgia record. This suggests to me that this judge, at least, remains reluctant to rely solely on fibromyalgia as the basis for a favorable decision.
Whether you agree with this state of affairs or not, the message I am getting is that it is probably a good idea to document and emphasize the subsidiary complaints in a fibromyalgia case. This could include depression (as it did in my case), medication side effects, digestive upset or physical pain.
I have obtained favorable decisions based solely on fibromyalgia but usually when a medical expert is there to testify about the nature of the medical records. I am thinking that despite a consensus in the medical community that fibromyalgia is a legitimate and debilitating condition, judges are still wary of awarding benefits solely on this diagnosis.