FIBROMYALGIA - IS IT A DISABIILTY?

Fibromyalgia is a real disease that poses real limits on the ability to work.  Still, Social Security continues to have some problems in awarding benefits based on fibromyalgia.

Social Security now recognizes that Fibromyalgia can be a disabling impairment.  Federal court cases continue to support that finding.  In Sublett v. Astrue, 856 F.Supp.2d 614 (W.D.N.Y. 2012), the District Court awarded benefits in a case where the hearing judge had rejected the opinion of the treating doctors in a case involving Fibromyalgia.

The court ruled that, "the decision denying benefits is reversed and the plaintiff is awarded disability benefits."

As with most Social Security disability cases, the key is persistence.  The correct decision will not be made at all levels.  So appeal unfavorable decisions to the next level when you believe your case has merit. 

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