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Evaluating Chronic Fatigue Syndrome (CFS) for SSDI

By Dallas J. Coleman of Friedman Law Firm, P.C.

Wednesday, March 17, 2021

Myalgic encephalomyelitis/chronic fatigue syndrome is a “serious, long-term illness that affects many body systems” and “may confine [a person] to bed.”[1] Symptoms are not presented physically and this makes evaluating the limitations caused by CFS difficult for Social Security to evaluate. People with CFS generally have severe fatigue, sleep problems, post-exertional malaise, difficulty concentrating, generalized pain, and dizziness.

Due to the difficulty evaluating the impact CFS has on claimants, Social Security created a policy interpretation ruling, SSR 14-1p, to help outline how the Administration will evaluate such claims. Generally, Social Security will want a diagnosis of CFS to be made “only after alternative medical and psychiatric causes of chronic fatiguing illness have been excluded.”[2] Hallmarks of CFS include the presence of chronic fatigue that is: 1) New or has not been lifelong; 2) cannot be explained by other disorders; 3) is not the result of ongoing exertion; 4) is not substantially alleviated by rest; and 5) results in substantial reduction in previous levels of occupational, education, social, or personal activities.

Social Security deviates from the CDC, ultimately making it more difficult for the claimant in proving a diagnosis of CFS, in their evaluation of CFS. The CDC allows a physician to make a diagnosis based on subjective or self-reported symptoms alone after ruling out other possible causes. Social Security, due to regulatory construction, requires laboratory findings or medical signs in addition to self-reported symptoms. To meet Social Security’s standards, there must be one or more of the following over a period of at least six (6) consecutive months: 1) palpably swollen or tender lymph nodes; 2) nonexudative pharyngitis; 3) persistent, reproducible muscle tenderness on repeated examinations, including the presence of positive tender points; or 4) any other medical signs that are consistent with medically accepted clinical practices.

If there are symptoms impairing mental functioning, such as short-term memory, information processing, visual-spatial difficulties, comprehension, concentration, speech, word-finding, or calculation, these deficits must be documented in the medical record in mental status examinations or psychological testing.

If you are unable to work due to CFS, let us assist you in your disability claim. Call us at 205-879-3033 or email LifeHealth@FriedmanFirmPC.com.

[1] https://www.cdc.gov/me-cfs

[2]https://www.ssa.gov/OP_Home/rulings/di/01/SSR2014-01-di-01.html#FN2

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