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Bench decisions

Fibromyalgia Still Not Fully Accepted by Social Security Judges

By Jonathan Ginsberg on January 11, 2012

myofascial painI recently posted a case study describing a fibromyalgia disability case I tried before a very reasonable judge in the Atlanta hearing office.  I know this judge to be very fair and he tends to approve a higher than average number of claims.

In this particular case, my client was a 59 year old woman with extensive and supportive treatment records.   She was a “classic” fibromyalgia patient in that:

  • she was a high achieving female
  • she was over age 45
  • she experiences balance problems
  • she experience digestive problems
  • she experiences “fibro fog”
  • she has sought treatment from multiple doctors and has been fully compliant with treatment

In this case, the judge announced a favorable bench decision without the need for testimony from the vocational witness.   Interestingly, the judge based his fully favorable bench decision on the work limitations described in a consultative psychological evaluation report rather than on the fibromyalgia record.  This suggests to me that this judge, at least, remains reluctant to rely solely on fibromyalgia as the basis for a favorable decision. [Read more…] about Fibromyalgia Still Not Fully Accepted by Social Security Judges

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