After reading through the messages here, I don’t feel real confident about my case. I suffer with depresssion and anxiety along with fibromyalgia.

I tried working about a year ago, but was unable to hold down a job becasue I could only work part time a day or two and then have to take two or three off to recuperate. I can’t walk around the block without severe pain in my lower back and legs, I can’t sit for more than a half an hour becuase of the pain in my back, knees, and legs. I don’t sleep well, so I have to nap everyday. I can’t clean the house. I am doing good to keep the laundry done and fix supper for the family. Up until last year when I trie dto work, i hadn’t worked for 3 years because of the problems.

I didn’t apply immediately because I was sure I would be able to go back to work. Unfortunately, I am not able to do that. I have been denied and have sent in the appeal. Do I even have a prayer to win this case?
–Brenda

Jonathan Ginsberg responds:  Brenda, I definitely think you should pursue your case – if your doctors will support you then I think you have a good argument that you meet Social Security’s definition of disability.

As I have discussed elsewhere on this blog, your work capacity is the "big picture" issue when it comes to winning your SSDI claim.  Here, you identify physical problems (knees, back and legs) as well as "non-exertional" limitations including pain, depression, anxiety and fibromyalgia.

What you need here is a treating doctor who is willing to go on record to support you.  I use forms called "functional capacity" forms to help the treating doctor translate your medical problems into specific work limitations.   I discussed functional capacity issues in a recent episode of my Social Security disability Internet radio program – you may want to give it a listen.

Although I often write about my concerns when a claimant is working part time, it looks like your part time work was not successful.  You do not say if you are still trying to work part time – if you are, that may not help your case.

Under separate cover, I will refer you to a capable lawyer in Indiana, where you live.  Give him a call and see if he might be interested in taking your case.  Best of luck to you and let me know what happens.

[tags] depression and SSDI, fibromyalgia and Social Security disability, functional capacity [/tags]