Facts about Chronic fatigue and Filing for Disability
These selected pages answer some of the most basic, but also some of the most important, questions for individuals who are considering filing a claim for disability benefits.
Facts about the condition
1. Chronic fatigue syndrome causes extreme fatigue that is not alleviated by sleep or rest.
2. There is no known cause for the condition, although sometimes it seems to occur after a bad virus like the flu, in those with a history of allergies, or in those with stress and depression.
3. Chronic fatigue syndrome has only recently been accepted as a legitimate condition by the medical community.
4. There are a set of specific symptoms along with fatigue that make up chronic fatigue syndrome. These are memory loss and trouble concentrating, enlarged and painful lymph nodes, muscle and joint pain that moves around without swelling or redness, headaches, sleep that does not feel restful, and extreme exhaustion following physical or mental exercise.
5. Fatigue is often a symptom of another condition, so many illnesses will be ruled out by doctors before diagnosing chronic fatigue syndrome.
6. The Center for Disease Control gives a list of conditions with symptoms resembling chronic fatigue syndrome that should be ruled out. These include sleep disorders and major depression, mononucleosis, Lyme disease, lupus, multiple sclerosis and fibromyalgia.
7. Those with chronic fatigue syndrome are likely to have depression, social isolation, lifestyle restrictions and missed days of work, all of which compound the original complication of depression.
8. Chronic fatigue syndrome is treated through a variety of tactics aimed at managing the condition. Antidepressants are often prescribed to help with depression that is associated with the condition. Other treatment of associated problems include treating sleeping problems, allergy symptoms, low blood pressure and the nervous system. Moderating activity and gradually increasing activity along with cognitive behavior therapy are often helpful tactics.
9. Alternative medicine is also somewhat common among patients with chronic fatigue syndrome.
10. Some fully recover from chronic fatigue syndrome, while others improve but never return fully to their pre-condition levels of energy. The earlier the onset and the earlier treatment starts, the better chances are for improvement in the condition.
Qualifying for disability benefits with this condition
Whether or not you qualify for disability and, as a result, are approved for disability benefits will depend entirely on the information obtained from your medical records.
This includes whatever statements and treatment notes that may have been obtained from your treating physician (a doctor who has a history of treating your condition and is, therefore, qualified to comment as to your condition and prognosis). It also includes discharge summaries from hospital stays, reports of imaging studies (such as xrays, MRIs, and CT scans) and lab panels (i.e. bloodwork) as well as reports from physical therapy.
In many disability claims, it may also include the results of a report issued by an independent physician who examines you at the request of the Social Security Administration.
Qualifying for SSD or SSI benefits will also depend on the information obtained from your vocational, or work, history if you are an adult, or academic records if you are a minor-age child. In the case of adults, your work history information will allow a disability examiner (examiners make decisions at the initial claim and reconsideration appeal levels, but not at the hearing level where a judges decides the outcome of the case) to A) classify your past work, B) determine the physical and mental demands of your past work, C) decide if you can go back to a past job, and D) whether or not you have the ability to switch to some type of other work.
The important thing to keep in mind is that the social security administration does not award benefits based on simply having a condition, but, instead, will base an approval or denial on the extent to which a condition causes functional limitations. Functional limitations can be great enough to make work activity not possible (or, for a child, make it impossible to engage in age-appropriate activities).
Why are so many disability cases lost at the disability application and reconsideration appeal levels?
There are several reasons but here are just two:
1) Social Security makes no attempt to obtain a statement from a claimant's treating physician. By contrast, at the hearing level, a claimant's disability attorney or disability representative will generally obtain and present this type of statement to a judge.
Note: it is not enough for a doctor to simply state that their patient is disabled. To satisy Social Security's requirements, the physician must list in what ways and to what extent the individual is functionally limited. For this reason, many representatives and attorneys request that the physician fill out and sign a specialized medical source statement that captures the correct information. Solid Supporting statements from physicians easily make the difference between winning or losing a disability case at the hearing level.
2) Prior to the hearing level, a claimant will not have the opportunity to explain how their condition limits them, nor will their attorney or representative have the opportunity to make a presentation based on the evidence of the case. This is because at the initial levels of the disability system, a disability examiner decides the case without meeting the claimant. The examiner may contact the claimant to gather information on activities of daily living and with regard to medical treatment or past jobs, but usually nothing more. At the hearing level, however, presenting an argument for approval based on medical evidence that has been obtained and submitted is exactly what happens.
About the Author: Tim Moore is a former Social Security Disability Examiner in North Carolina, has been interviewed by the NY Times and the LA Times on the disability system, and is an Accredited Disability Representative (ADR) in North Carolina. For assistance on a disability application or Appeal in NC, click here.
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