Chronic Fatigue Syndrome and the Difficulty Getting Social Security Disability

The Social Security Administration (SSA) is generally skeptical of disability claims based solely on chronic fatigue syndrome (CFS). Claims are rarely approved at the initial or reconsideration levels, and even at the hearing level, most Administrative Law Judges (ALJs) are reluctant to pay benefits except in the most compelling cases.

I recommend to clients to keep a daily log of the nature and severity or their symptoms, and submit a copy to Social Security prior to the hearing. Statements from third parties, including family members, neighbors, or former co-workers, can also prove helpful in documenting the extent of your impairments

There's no single test to confirm a diagnosis of chronic fatigue syndrome. There is no cure for chronic fatigue syndrome. Symptoms can mimic those of many other health problems, including:

1. Sleep disorders. Chronic fatigue can be caused by sleep disorders. A sleep study can determine if your rest is being disturbed by disorders such as obstructive sleep apnea, restless legs syndrome or insomnia.

2. Medical problems. Fatigue is a common symptom in several medical conditions, such as anemia, diabetes and underactive thyroid (hypothyroidism). Lab tests can check your blood for evidence of some of the top suspects.

3. Mental health issues. Fatigue is also a symptom of a variety of mental health problems, such as depression and anxiety. A counselor can help determine if one of these problems is causing your fatigue.

People with CFS often have deep pain in their muscles and joints. They might also have headaches (typically pressure-like) and soreness of their skin when touched.

It's also common for people who have chronic fatigue syndrome to also have other health problems at the same time, such as sleep disorders, irritable bowel syndrome, fibromyalgia, depression or anxiety.

In fact, there are so many overlapping symptoms between chronic fatigue syndrome and fibromyalgia that some researchers consider the two disorders to be different aspects of the same disease.

The vast majority of successful disability applicants with CFS, however, are awarded benefits based on a "medical-vocational allowance," which considers one's age, education, work history, and residual functional capacity (RFC) in deciding whether full-time work is possible. Your RFC is a description of the maximum physical and mental abilities you retain in spite of your impairments.

Social Security Ruling 14-1p, issued in April 2014, prescribes how claims for CFS should be evaluated. The ruling states that although CFS can be a disabling condition, it first must be established as a "medically determinable impairment" (MDI) by appropriate medical signs or laboratory findings.

Self-reported symptoms alone are not enough, despite the subjective nature of many symptoms of CFS. In addition to providing objective evidence of your condition, it's critical that you request an opinion from your treating doctor regarding your work-related limitations.

If you need helping applying for Social Security Disability or SSI, please contact me at joshben99@gmail.com. I have over 20 years experience with Social Security Disability cases. 

Location: United States

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