News from the USA, United States of America

[rvallee]

U.S. Court of Appeals rules on a disability case regarding someone with CFS/FM:

https://media.ca7.uscourts.gov/cgi-...:24-1718:J:Maldonado:aut:T:fnOp:N:3405270:S:0

Denied.

Moreover, the ALJ noted that even if she further limited Padua to only sedentary exertional work (with the same non-exertional limitations), several jobs exist
in the national economy that Padua could perform, such as a document preparer, a hand packager, or a taper.

They keep repeating this claim that "several jobs exist in the national economy that Padua could perform" throughout the decision. I'm not sure of the legal doctrine behind imagination-based careers. I have no idea what a "document preparer" could even mean, I guess it means paralegal, while the other examples are repetitive physical jobs that generally require standing up for 8h per work day. But they say she "appears alert and in no acute distress", because the only two possible states of human conscious alertness are fully functional and comatose, apparently.

The whole decision rests on the standard medical fallacy: no objective tests to confirm, patient says X, doctors disagree. This is hardly any more professional than whatever could have been going on a millennium ago making such decisions, and the decision isn't based on legal doctrine, it's entirely based around expert medical opinion. It's truly amazing how one of the most important professions is still partly stuck at the "Ugh smash rock" stage of development.

 

[DHagen]

U.S. Court of Appeals rules on a disability case regarding someone with CFS/FM:

https://media.ca7.uscourts.gov/cgi-...:24-1718:J:Maldonado:aut:T:fnOp:N:3405270:S:0

Appalling, infuriating, and terrifying - not only for the individual tragedy, but for the likelihood that this may be cited as precedent henceforth.

I do note, however, that "chronic fatigue" is used throughout, with "chronic fatigue syndrome" appearing only once - it is not clear to me whether this reflects the filing(s) or whether this is a deliberate confusion on the part of the court. The SSA's policy interpretation ruling regarding CFS (SSR 14-1p: Titles II and XVI) is not referenced anywhere.

This said, the wanton cruelty apparent in the acknowledgement that the trigger point assessment was indeed abnormal (the only abnormal finding apparently) and that this is "the only recognized test for diagnosing fibromyalgia" while continuing to assert a "conflict" between the medical evaluation and the patient's reported disability suggests that this was going to be rejected no matter what.

Absolutely sickening.

 

[shak8]

Denied.

They keep repeating this claim that "several jobs exist in the national economy that Padua could perform" throughout the decision. I'm not sure of the legal doctrine behind imagination-based careers. I have no idea what a "document preparer" could even mean, I guess it means paralegal, while the other examples are repetitive physical jobs that generally require standing up for 8h per work day. But they say she "appears alert and in no acute distress", because the only two possible states of human conscious alertness are fully functional and comatose, apparently.

The whole decision rests on the standard medical fallacy: no objective tests to confirm, patient says X, doctors disagree. This is hardly any more professional than whatever could have been going on a millennium ago making such decisions, and the decision isn't based on legal doctrine, it's entirely based around expert medical opinion. It's truly amazing how one of the most important professions is still partly stuck at the "Ugh smash rock" stage of development.

This is why I applied to my state's vocational rehab program before applying for social security disability: to try to find something I could do. I found a counselor there who used to work for social security disability and he showed me how to word my application for disability.

That is what I would urge people to do: go to their state's vocational rehab office apply for the program and try out various lines of work. You have to come up with ideas of what types of jobs you think you might be able to do. Then they support your effort, with some money and leads.

It shows good faith and is objective evidence of work failures. Document, document, document. Every visit to doctor hand him/her what you need to add to medical record (it will be requested by social security).

It's a job getting through this process successfully and longish and is probably more restrictive these days than back 25 yrs ago.

During the requisite physical exam, I was crying but not from tender points because I didn't have any that day. I had a lovely physician who was very kind. It took two years to get on medical insurance and disability payments, but I had no choice, did I.

If you are denied, you should contact a lawyer specialize in disability law and strategize the best way forward to appeal the decision. Yes, the whole process is unfair.

 

[wigglethemouse]

They keep repeating this claim that "several jobs exist in the national economy that Padua could perform" throughout the decision. I'm not sure of the legal doctrine behind imagination-based careers

In the US if you are under 50 it is much harder to get disability as it is written into policy that people can retrain for other jobs such as sedentary ones. At 50 and above this requirement is less stringent.

As for medical records noting appearance, attention, alertness, that gets written always. When you have a long term condition you get used to being alert at medical appointments as you need to get the most out of them. I never see wheel chair use, or need to elevate feet or lie down during appointment written down.

The moral of the story is also that the claimant should have taken high power pain meds for fibromyalgia otherwise they don't have debilitating pain. Ugh, if only the pain killers really worked in the real world.

 

[wigglethemouse]

This. Your notes get added to the file, even if you don't see them. What you see online on your record is often different from a full records request.

Every visit to doctor hand him/her what you need to add to medical record (it will be requested by social security).

 

[Braganca]

I haven’t read it but it’s important that SSDI applicants do cognitive testing with someone who understands ME/CFS bc that rules out sedentary work also.

 

[V.R.T.]

Santa Fe New Mexican: 'Long COVID symposium in Santa Fe aims to improve diagnoses, treatment’

'Altmann said the symposium is about inviting international experts on long COVID together to “knock their heads together” in search of answers for patients.’

“There are so many bright people and so many opinions and so much data published — so why aren’t we making people better?” Altmann said.

Because patient advocates have played such a significant role in pushing for long COVID research, the symposium will include representation from patients and advocates. Hannah Davis, an artist, data scientist and one of the founders of the Patient-Led Research Collaborative for long COVID, coordinated the conference alongside scientists like Altmann.

All told, Altmann said he’s optimistic researchers will find “the beginnings of the answer” on long COVID in Santa Fe later this month.

“There’s 400 million really miserable people around the world suffering with this thing, and it’d be very gratifying if they could associate the turning point, the tipping point with Santa Fe,” Altmann said.

Do we know if the DecodeME team will be attending?