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IL disability attorneyFibromyalgia is one of the more difficult medical conditions to address in the context of applying for Social Security disability insurance. The medical definition of fibromyalgia, according to the U.S. Centers for Disease Control and Prevention, is a “condition that causes pain all over the body (also referred to as widespread pain), sleep problems, fatigue, and often emotional and mental distress.” While fibromyalgia can manifest itself through these symptoms, there is no simple medical “test” that can diagnose a patient with the condition.

As a result, Social Security administrative law judges (ALJs) tend to discount subjective complaints of pain by disability applicants as insufficient to prove their fibromyalgia prevents them from working. Illinois courts have repeatedly told Social Security, however, that ALJs cannot require such “objective” tests to confirm a fibromyalgia diagnosis.

Appeals Court Rejects Widower's Appeal of Social Security Decision

At the same time, an ALJ may consider additional objective evidence when evaluating the “severity” of fibromyalgia under the Social Security Administration's disability listings. A recent decision from the U.S. Seventh Circuit Court of Appeals here in Chicago, Gebauer v. Saul, illustrates this principle in greater detail. This sad case actually involved the widower of a woman (the decedent) who died suddenly while her application for disability benefits was still pending.

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b2ap3_thumbnail_obesity.jpgObesity does not simply mean a person is a few pounds over their ideal weight. Rather, it is defined as a “complex disease involving an excessive amount of body fat.” In some cases, a person's obesity may be severe enough to qualify them for Social Security disability benefits.

Now, it is important to understand that obesity, in and of itself, is no longer considered a standalone disability by Social Security. That is to say, Social Security will not assume you are unable to work because you suffer from obesity. But Social Security must take obesity into consideration when determining any limitations on your ability to work.

Magistrate: Social Security Acknowledged, But Did Not Discuss, Impact of Disability Applicant's Obesity

A recent decision from a federal magistrate judge here in Illinois illustrates the role obesity should play in a disability application. The plaintiff, in this case, applied for disability benefits, stating he has been unable to work since 2009 due to a variety of impairments, including a back injury, arthritis, and diabetes.

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IL disability lawyerWe often come across Social Security disability cases where an administrative law judge (ALJ) improperly tries to “play doctor.” In the most serious cases, the ALJ will simply ignore medical evidence outright if it poses a potential hurdle to finding the applicant is not legally disabled. Such actions violate both the letter and the spirit of disability law.

Magistrate: ALJ “Mischaracterized” Evidence Supporting Disability Claim

Fortunately, federal courts are ready and willing to call Social Security out on such behavior. This was the case in a recent decision, Karl B. v. Commissioner, where a magistrate judge said an ALJ “left some evidence out” of their decision because it “corroborated plaintiff's claims” in support of his disability application. The magistrate, therefore, ordered Social Security to conduct a new hearing.

The plaintiff in this case is a man in his early 50s. He previously held a number of jobs as a “car washer, loader, lot driver, sales representative, and sign holder,” according to court records. In his disability application, the plaintiff cited a number of impairments that prevented him from working, notably chronic pain and stomach problems arising from a 2001 armed robbery where he was shot. After an evidentiary hearing, a Social Security ALJ determined the plaintiff was not disabled and denied his application for disability benefits.

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