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Paul McChesney (Admin)

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Posted on Wednesday, March 26, 2003 - 10:18 am:   

Fibromyalgia involves a special kind of disability claim that calls for extra care in handling. This is because for most fibromyalgia sufferers, there is no test that tells whether you have the disease, nor its severity. So, often you is uncertain, right up to the hearing, as to whether or not you are going to be successful. These are the suggestions I have for people who are suffering from this disease and thinking about disability.

-Choose your doctor carefully. Some believe in lots of strong medicines; others say the medicines themselves can be the biggest problem. I am not about to choose sides in this argument.

-Choose your doctor carefully. If your treating doctor will not say you are disabled, winning this kind of claim is going to be difficult. Ideally, as the case is coming up for a hearing, you want all doctors to be saying that you are disabled.

-If you are working, be sure you have as much long term and short term disability insurance as possible, and get rid of luxuries and save money. You must have as many nets under you as possible. Several, or all, might not work. Social Security is only one of them.

-Do not give up a job lightly. It might be your last.

-If you miss a little work, preferably after you are sure your doctors are behind you, perhaps file, since it can take a year and a half or more to get to a hearing in a Social Security disability case. Then, if you are able, go back to work and keep your case going, too. This can make a mess, but it can also save you.

-Get a lawyer early in this type of case; do not try to do it on your own, and be sure the two of you check with each other every 3 months or so to be certain you are on track.

-Depression is often an important part of a fibromyalgia case. Oddly enough, the depression, which is psychological, can often be quantified by testing easier than the fibromyalgia, which is physical.

-It is difficult to get a judge to take depression seriously unless your are going to a doctor, preferably a psychiatrist, or mental health as a poor second choice.

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This site is maintained by Paul McChesney, an attorney who has been practicing disability law for around 25 years in North and South Carolina.

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