Tuesday, September 17, 2013

Fibromyalgia as a Basis for Disability

In recent years Social Security has finally begun to recognize Fibromyalgia as a real disease that poses real limits on the ability to work.  Recent findings by the federal courts have helped to make that possible.  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." Fortunately, when a ruling such as this comes down in another part of the country, it can also help our local clients here in Tennessee.

As with many Social Security disability cases, the key is persistence. The correct decision will not always be made at all levels.  It is usually in the applicant's best interest to appeal unfavorable decisions to the next level and keep fighting until your cases is resolved. 

(615) 732-6159 Franklin, TN (Nashville) office

(256) 799-0297 Huntsville, AL office

www.ForsytheDisability.com

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