Disability when suffering from severe fibromyalgia syndrome or chronic fatigue syndrome “Many people with severe fibromyalgia syndrome (FMS) or chronic fatigue syndrome (CFS) still wish they could work. However, patients may lack the physical and mental stamina to do so on a sustained basis – with sustained being the key word here. Even when severely impacted patients can exert themselves and “push through,” they experience a delayed flare-up of symptoms a few hours or a day later.” Richard N. Podell, M.D., M.P.H. and Wendy King Ph.D., R.N., A.P.N. Why Disability Testing for FMS is Misleading; Advice for FMS/CFS Patients and their Disability Team. Fribromyalgia Network. The Mayo Clinic defines some of the common signs and symptoms of fibromyalgia as follows: “Wide spread pain. Fibromyalgia is characterized by pain in specific areas of your body when pressure is applied. These areas of your body include the back of your head, upper back and neck, upper chest, elbows, hips, and knees. The pain generally persists for months at a time and is often accompanied by stiffness.” “Fatigue and sleep disturbances. People with fibromyalgia often wake up tired and unrefreshed even though they seem to get plenty of sleep. Some studies suggest that this sleep problem is the result of a sleep disorder called Alpha Wave Interrupted Sleep Pattern, a condition which deep sleep is frequently interrupted by bursts of brain activity similar to wakefulness. So people with fibromyalgia miss the deep restorative state of sleep. (Stage 4) Night time muscle spasms in your legs (periodic limb movement disorder or nocturnal myoclonus and restless leg syndrome) also may be associated with fibromyalgia.” Mayo Clinic The Mayo Clinic defines the screening and diagnosis processes for fibromyalgia as follows: “Diagnosing fibromyalgia is difficult because there isn’t a single, specific laboratory test. In fact, before receiving a diagnosis of fibromyalgia, you may go through several medical tests such as blood tests and x-rays, only to have the results come back normal. Although these tests may rule out other conditions, such as rheumatoid arthritis, lupus and multiple sclerosis, they can’t confirm fibromyalgia.” “The American College of Rheumatology has established general classification guidelines for fibromyalgia, to help in the assessment and study of the condition. These guidelines state that the criteria for fibromyalgia are that you have a minimum of 11 locations on your body that are abnormally tender under relatively mild, firm pressure. Also, you must have wide spread pain lasting for three months. In addition to taking your medical history, a doctor checking for fibromyalgia will press firmly on specific points on your head, upper body and certain joints so that you can confirm which cause pain.” Mayo Clinic Fibromyalgia cannot be held to an objective test standard. Some Federal Courts have acknowledged that fibromyalgia and its limitations are established by clinical diagnosis. Preston v. Sec. of Health and Human Services, 854 F.2d 851, 818 (6th Cir. 1988); Hawkins v. First Union Corp. Long-Term Disability Plan, 326 F.3d 914, 919 (7th Cir. 2003); Boardman v. Prudential Ins. CO. Am., 337 F.3d 9, 16 (1st Cir 2003). It is important to have a doctor perform the appropriate test and clinical examinations to establish a diagnosis of fibromyalgia. It is also important to keep the doctor informed of all the symptoms that occur even if you are not experiencing them at your doctor’s visit.
Focused On Serving Your Needs

"UPDATE: To protect your safety during the coronavirus (COVID-19) crisis, we offer video conferencing, as well as telephone conferences, in place of face-to-face meetings. Please contact our office today to set up a remote consultation."
Social Security Disability when suffering from severe fibromyalgia syndrome or chronic fatigue syndrome
On Behalf of O’Malley Tunstall PLLC | Feb 21, 2012 | Legally Speaking, Social Security Law
Categories
- Actos (3)
- Auto Accident Law (40)
- Blog (37)
- Business Or Tourist Affected By Power Outage (1)
- Car Accidents (105)
- Car Crash? What To Do Next (1)
- Choosing Your North Carolina Injury Or Disability Attorney (1)
- Civil Trial (64)
- Damages (1)
- David Bridgman Joins O'Malley Tunstall (1)
- DraftKings Or FanDuel Fantasy Sports (1)
- Drug Maker Failed To Warn Cancer Patients Of Permanent Hair Loss (1)
- E-cigarette Exploding Causing Burns (1)
- Federal Social Security Disability Cases (1)
- Firm News (6)
- Haeco Leaked Confidential Employee Information (1)
- Halloween Safety For Your Children (1)
- Halloween Safety For Your Children (1)
- Infection Following Hip Or Knee Replacement Surgery (1)
- Injured By A Drunk Driver (3)
- Insurance Company (1)
- Joe Tunstall And Susan O’Malley Selected 2019 NC Super Lawyers (1)
- Legally Speaking (119)
- Long-term Disability (5)
- Low Testosterone (1)
- Motor Vehicle Accidents (16)
- Move Over! Bill Requires Slow Drivers To Move Over From Left Lane (1)
- Nash County Beta Club Going To National Convention (1)
- NC Lawyers Reviewing Byetta, Januvia, Victoza (1)
- NC Lawyers Reviewing Byetta, Januvia, Victoza (1)
- NC Medical Malpractice Verdict Tunstall (1)
- NONE (1)
- North Carolina Farmers With Syngenta Corn Claims (1)
- North Carolina Injury Attorney (1)
- O'Malley Tunstall has two named to Super Lawyers 2021 NC (1)
- O'Malley Tunstall Referrals: The Best Advertising (1)
- Pedestrian Accident (1)
- Personal Injuries (4)
- Personal Injury (3)
- Personal Injury Law (65)
- Premises Liability (20)
- Products Liability (42)
- Protect Yourself, Keep Vehicle Under Control During MVA (1)
- Second Wreck – Use The Same Attorney? (1)
- Serious Heart Or Kidney Problems On Invokana Or Canagliflozin (1)
- Serious Injury? Need NC Social Security, Workers' Compensation And Auto Accident Lawyer? (1)
- Settlement Child Hurt Bounce House Inflatable (1)
- Sexual Enhancement (1)
- Slip Trip Fall (1)
- Social Security (11)
- Social Security (8)
- Social Security Disability (24)
- Social Security Disability Backlog 2017 (1)
- Social Security Disability Benefits (1)
- Social Security Disability If You Cannot Use Both Hands (1)
- Social Security Disability Limited Time To Apply For Benefits (1)
- Social Security Law (55)
- Social Security Wait Times (2)
- SSDI (1)
- Susan O'Malley's Social Security Decision Ten Year Anniversary (1)
- Susan O'Malley's Social Security Decision Ten Year Anniversary (1)
- Trips Slips And Falls At Stores (1)
- Truck Accidents (3)
- Truck Accidents (63)
- Tunstall Named Super Lawyer 2015 Personal Injury (1)
- Tunstall Named Super Lawyer 2017 Personal Injury (1)
- Tunstall Selected To 2015 List Nation's Top One Percent (1)
- Tunstall Selected To The 2017 List As Nation's Top One Percent (1)
- Wags 4 Tags (1)
- Wear Helmet While Riding Horses (1)
- Winter Driving Safety (1)
- Workers' Compensation (63)
- Workers' Compensation Law (17)
- Xarelto (1)
Archives
- March 2021 (2)
- February 2021 (2)
- January 2021 (2)
- November 2020 (1)
- October 2020 (2)
- September 2020 (5)
- August 2020 (6)
- July 2020 (6)
- June 2020 (7)
- May 2020 (6)
- April 2020 (5)
- March 2020 (8)
- February 2020 (6)
- January 2020 (6)
- December 2019 (7)
- November 2019 (5)
- October 2019 (5)
- September 2019 (7)
- August 2019 (7)
- July 2019 (6)
- June 2019 (5)
- May 2019 (6)
- April 2019 (10)
- March 2019 (3)
- February 2019 (6)
- January 2019 (7)
- December 2018 (5)
- November 2018 (5)
- October 2018 (6)
- September 2018 (3)
- August 2018 (9)
- July 2018 (9)
- June 2018 (9)
- May 2018 (8)
- April 2018 (9)
- March 2018 (9)
- February 2018 (9)
- January 2018 (11)
- December 2017 (9)
- November 2017 (9)
- October 2017 (11)
- September 2017 (11)
- August 2017 (11)
- July 2017 (9)
- June 2017 (8)
- May 2017 (12)
- April 2017 (10)
- March 2017 (11)
- February 2017 (9)
- January 2017 (10)
- December 2016 (10)
- November 2016 (5)
- October 2016 (2)
- September 2016 (2)
- August 2016 (2)
- July 2016 (3)
- June 2016 (2)
- May 2016 (8)
- April 2016 (2)
- March 2016 (2)
- February 2016 (2)
- January 2016 (3)
- December 2015 (2)
- November 2015 (4)
- October 2015 (3)
- September 2015 (3)
- August 2015 (2)
- July 2015 (4)
- June 2015 (3)
- May 2015 (2)
- April 2015 (3)
- March 2015 (4)
- February 2015 (4)
- January 2015 (8)
- December 2014 (3)
- November 2014 (2)
- October 2014 (4)
- September 2014 (4)
- August 2014 (3)
- July 2014 (3)
- June 2014 (4)
- May 2014 (3)
- April 2014 (6)
- March 2014 (6)
- February 2014 (4)
- January 2014 (4)
- December 2013 (4)
- November 2013 (5)
- October 2013 (4)
- September 2013 (2)
- August 2013 (4)
- July 2013 (5)
- June 2013 (3)
- May 2013 (5)
- April 2013 (2)
- March 2013 (4)
- February 2013 (3)
- January 2013 (2)
- December 2012 (7)
- November 2012 (3)
- October 2012 (5)
- September 2012 (2)
- August 2012 (1)
- July 2012 (2)
- June 2012 (3)
- April 2012 (5)
- March 2012 (4)
- February 2012 (6)
- January 2012 (8)
- December 2011 (4)
- November 2011 (3)
- October 2011 (2)
- September 2011 (8)
- August 2011 (9)
- July 2011 (2)
- June 2011 (1)
- May 2011 (8)
- April 2011 (4)


