Within the past two weeks, I tried two fibromyalgia cases. Both cases will be approved, but for very different reasons. With one exception, I used very different strategies for both.

I have already written about the first case, which was a video hearing before an out of State judge. My client in that case was a poor witness, given to constant complaining. She claimed to be disabled by fibromyalgia, although she also had documented carpal tunnel syndrome and some documentation for irritable bowel syndrome.

In this case, I focused first on the carpal tunnel, which was the condition most clearly supported by objective medical evidence. My client was prepared to testify extensively about her fibromyalgia pain – in her mind, fibromyalgia was her primary impairment. My view, however, was that her complaints of generalized pain were not entirely credible based on her very spotty work record and because of concerns in the medical notes about her sincerity.

My second case involved a 45 year old woman who more clearly met the profile of what I often see in fibromyalgia cases. A high school graduate only, this lady always seemed to end up in charge of whatever company or organization where she was employed. For example, one of her jobs was as a salesperson for a medical device company. She ended up joining doctors in the operating room to oversee implantation of the devices and she was given the assignment of creating a new division for her company. At the time she stopped working, she was making well over $100,000. Needless to say, an individual who is earning six figures would not stop working to sit at home and wait for a $2,000 Social Security check.
In this case, I had a very credible claimant with a stellar work history. As one of the expert witnesses testified, she was an overachiever whose fibromyalgia might have been triggered by her unyielding work ethic. I had her testify about her pain and about her difficulties in adjusting to a drastic reduction in income and her feelings of worthlessness. In this claimant’s case, I wanted the judge to get a sense of my client and to hear her complaints.

In both of these fibromyalgia cases, I made sure to have solid supporting functional capacity forms in the record. In the second case, I asked my client’s primary care doctor, Philip Huff, M .D. for a functional capacity form just a few days before the hearing and because he believed in my client, he took time out from his day to get this form completed quickly.

This is another example of why disability claimants need to have a sense as to whether their treating doctor will help in an SSDI case and especially in a fibromyalgia disability case. Some doctors do not want to get involved in assessing work or activity functioning and some are not convinced that fibromyalgia even exists. My client was fortunate in this case to treat with a physician who was willing and able to help.

[tags] fibromyalgia, fibromyalgia and social security disability, fibromyalgia and SSDI, Dr. Philip Huff, OHA, Social Security disability hearing [/tags]