Claimants diagnosed with fibromyalgia have long faced an uphill battle due to the lack of objecting medical findings inherent in this condition. Social Security Ruling 12-2p, issued on July 25, 2012, should alleviate some of the obstacles claimants have encountered.
The new rule states that fibromyalgia may be a medically determinable impairment when it is established by appropriate medical evidence and can be the basis for a finding of disability. Once fibromyalgia is established as a medically determinable impairment, it will be considered in the sequential evaluation process to determine whether the person is disabled. As in all cases, a claimant with fibroymyalgia is required to provide “sufficient objective evidence to support a finding that the person’s impairment so limits the persons functional abilities that it precludes him or her from performing any substantial gainful activity.
The rule means practically, that the Social Security Disability claimant must first provide medical signs and findings of a medically determinable impairment, which could reasonably be expected to produce the pain or other symptoms alleged. Once the medically determinable impairment is established, the Social Security Administration will consider all of the evidence in the case record to evaluate the intensity and persistence of the claimant’s pain or other symptoms to determine the extent to which the symptoms limit the person’s capacity for work.
Ft. Lauderdale, Boca Raton and West Palm Beach Social Security Disability Attorney Randy Zeldin, Esq., represents claimants appealing Social Security Disability cases throughout Palm Beach and Broward Counties.