Social Security Disability and SSI claimants received good news in July of 2012 when the Social Security Administration issued SSR 12-2p. Up until now, SSDI and SSI claimants met varying levels of scrutiny when alleging disability based on fibromyalgia. Administrative Law Judges routinely denied claims finding complaints not credible, that impairments were not severe, or no medical diagnosis – just to name a few. SSR 12-2p states that fibromyalgia may be a medically determinable impairment when it is established by appropriate medical evidence.
The diagnosis of fibromyalgia must be made by a licensed physician after reviewing claimant’s medical records and performing a physical examination. The diagnosis must be consistent with evidence in the record and must satisfy the criteria required by either the 1990 American College of Rheumatology (ACR) Criteria for the Classification of Fibromyalgia or the 2010 American College of Rheumatology Preliminary Diagnostic Criteria.
SSR 12-2p requires adjudicators to follow SSR 96-7p to evaluate the claimant’s statements about symptoms and functional limitations. One the medically determinable impairment of fibromyalgia is established, the adjudicator can consider any evidence from a treating source, including those not considered “acceptable medical sources,” as well as evidence from friends, family, past employers, etc.
Additionally, SSR 12-2p instructs that although there is not a specific listing for fibromyalgia at step three of the sequential process that it could equal a listing such as 14.09D for inflammatory arthritis.
If you need more information about a Social Security Disability/SSI matter, personal injury matter (car wreck, boating accident, slip and fall, etc.), EEOICPA claim, long or short-term disability, VA disability, or a workers compensation matter, please contact the Law Offices of Tony Farmer and John Dreiser for a free case evaluation. We can be reached at (865) 584-1211 or (800) 806-4611, through Facebook, or through our website. Our office handles claims throughout East Tennessee, including Knoxville, Chattanooga, Kingsport, Bristol, Johnson City, Morristown, Maryville, Rogersville, Dandridge, Tazewell, New Tazewell, Jefferson City, Strawberry Plains, Sevierville, Gatlinburg, Loudon, Kingston, Halls, Maynardville, Crossville, Cookeville, Jamestown, Sweetwater, Lenoir City, Athens, Oak Ridge, Clinton, LaFollette, Lake City, Jacksboro, Bean Station, Cosby, Newport, White Pine, Mosheim, Wartburg, Sunbright, Pigeon Forge, and Deer Lodge.