The Social Chamber of the TSJ of Catalonia has considered in a recent judgment, S 1403/2015, of 24 February (Rec. Suplicación 6239/2014), fibromyalgia and chronic fatigue syndrome (CFS) is grounds for declaring the “permanent disability”.
The statement refers to a case of a woman, operaria chemical industry, which suffered a picture of recurrent major depression without psychotic symptoms serious nature, neck pain and degenerative process without root involvement, fibromyalgia, and CFS.
In its ruling, the Supreme Court of Catalonia emphasizes the settled jurisprudence on setting the LGSS ago on disability, which states that “the assessment of permanent disability must be done in response primarily derived functional limitations of the sufferings of employee”.
For the Chamber, the disability must be understood as the loss of capacity for serious anatomical or functional reductions that reduce or nullify the labor capacity, and without that would inhibit the rating the possibility of recovery of working capacity when it is present as uncertain or very long term.
That is, not only must not only be recognized when it lacks any physical possibility for any professional work, but also when even keeping skills to perform some activity, do not have to do it with minimal effectiveness, as the realization of any job, even however simple, requires a schedule requirements, movement and interaction, as well as diligence and attention.
In case, the patient’s ailments make up a picture that “prevents the proper performance of all kinds of work, including sedentary tasks and lightweight nature that do not require the performance of especially intense physical efforts.”
“At the present time is affected by a major disorder of a serious nature that occurs with sufficient intensity to cancel its labor capacity, to which the other degenerative ailments are added,” the ruling.
The applicant has recurrent major depression without psychotic symptoms serious nature, neck pain and degenerative process without root involvement, fibromyalgia and CFS.
Therefore, the TSJC dismisses the appeal for reversal filed by the National Institute of Social Security (INSS) against the judgment already rendered the Labour Court 1 Girona in 2013.
IPA situation of a social educator with fibromyalgia and CFS
The Social Chamber of the Supreme Court of Catalonia, in judgment No 1403/2015, of 24 February (Rec. 6239/2014), also said the situation IPA for all work of a social educator with fibromyalgia and chronic fatigue syndrome , confirming the judgment of the Labour Court and dismissing the action brought by the National Institute of Social Security.
The worker paid services which educadora- suffered a syndrome very advanced fibromyalgia and chronic fatigue, grade III, coupled with chronic depressive disorder, mild cognitive impairment and antevenido carpal tunnel syndrome, among other diseases.
Consider the Chamber and only by the severity of fibromyalgia and chronic fatigue, the degree suffered, it must be recognized that even with skills to do some activity, lacks real authority to consummate work with some effectiveness.
It is pathologies by intense pain they cause, seriously undermine the productive capacity, in terms of performance, capacity and efficiency, and without that they can perform light work simply no more to rebut the disabling situation into consideration appreciated instance permanent and absolute.
On setting the LGSS ago on the absolute permanent disability is large jurisprudence that has been responsible for pointing out that such a degree of disability should not only be recognized when it lacks any physical possibility for any professional work, but also when while maintaining skills to perform some activity, do not have to do so with minimal effectiveness, since the performance of any work, even however simple, requires a schedule requirements, movement and interaction, as well as diligence and attention.
The disability must be understood as the loss of capacity for serious anatomical or functional reductions that reduce or nullify the work capacity , and without that would inhibit the rating the possibility of recovery of working capacity when it is present as uncertain or very long term .
Does someone with fibromyalgia qualify for disability?
Fibromyalgia (FM) is one of the harder conditions to get approved for as a disability. Because the symptoms are often self-reported, you’ll need medical documents and a doctor to support your case. But it’s possible to have a successful claim for FM.
How is fibromyalgia diagnosed?
Keep in mind that your best chance of getting approved for disability is to have:
- Relevant medical records
- Laboratory testing
- Doctors’ opinions
- Statements from friends, family, and coworkers
Read on to learn what the Social Security Administration (SSA) requires and how you can build your case for fibromyalgia disability.
What’s the criteria for disability?
The SSA is responsible for evaluating all disability applications. When reviewing your case, the SSA will determine if you have a medically determinable impairment (MDI) of FM.
The criteria and requirements for claiming disability due to FM are extensive. They include:
- Symptoms that must be severe and present for at least three months
- Documented evidence that rules out other conditions
- Statements from you and others about any restrictions or inabilities on your daily activities
- Whether FM prevents you from working
You must also have at least 11 of the 18 tender points above and below the waist, and on both sides of the body, or at least six ongoing symptoms of FM.
These symptoms include:
- Fatigue
- Memory or problems with thoughts, also known as fibro fog
- Irritable bowel syndrome
- Depression
- Anxiety
- Waking up exhausted
