New York Disability Lawyer Herbert Forsmith Explains Equaling a Listing for Fibromyalgia
If your fibromyalgia is preventing you from doing any work, you may be “disabled” according to Social Security regulations and hence qualified to receive disability benefits. In order to be disabled, the Social Security Administration must determine that you have a severe medically determinable impairment. In this article, New York disability lawyer Herbert Forsmith will explain one way of meeting this requirement.
One way of meeting this requirement is if the Social Security Administration determines that your fibromyalgia is severe enough to meet or equal a listing in the Social Security Administration’s Listing of Impairments. The Social Security Administration’s Listing of Impairments covers the most common impairments and, for each impairment, describes the level of severity required for the Social Security Administration to presume that the person’s impairment prevents them from doing any substantial work activity. If you meet or equal a listing, you will automatically be considered disabled.
The problem with those who are suffering from fibromyalgia is that the Listing of Impairments does not list fibromyalgia, so it’s impossible to “meet” a listing solely based on your fibromyalgia. However, it’s still possible to “equal” a listed impairment if you show that the severity of your fibromyalgia is “medically equivalent” to the listed impairment.
Sometimes, psychological issues that are concurrent with fibromyalgia meet or equal the severity of a mental disorder listing. If you have a psychological condition associated with fibromyalgia, make sure to get it evaluated under the medical disorder listings.
If you’re suffering from fibromyalgia and would like to know if you have a good chance of getting Social Security disability benefits, contact experienced New York disability lawyer Herbert Forsmith for a free initial evaluation of your case.
