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Keep a Journal

By Gordon Gates on May 29, 2008
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From time to time I ask my clients to keep a journal, to keep track of their “good days” and “bad days” over a period of several months. For certain impairments, such a fibromyalgia, such a journal can be very helpful.

There is no listed impairment for fibromyalgia. So the case has to be decided at steps 4 and 5 of the sequential evaluation process. Furthermore, fibromyalgia does not fit well into the Social Security RFC analysis, because on a given day, a claimant may be able to do all the requirements of light work. The next day, however, the same claimant may be unable to get out of bed due to pain secondary to fibromyalgia.

The most likely route to a favorable decision for such a Social Security disability claim is that the administrative law judge determines that for several days each month you will be unable to work due to your fibromyalgia. As a result, the judge rightfully concludes that you are unable to maintain employment, and should be awarded Social Security disability benefits. You can help the judge make this determination by keeping a journal, so that you have an accurate record of how many “bad days” you have each month due to your fibromyalgia.

A journal can be helpful for claims based on other impairments, including chronic fatigue syndrome, chronic pain, depression and anxiety. 

Photo of Gordon Gates Gordon Gates

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law…

Gordon Gates specializes in Social Security disability law, and he handles claims at every level of the Social Security disability claim process. He assists clients with initial applications for disability benefits, with appeals of denied claims, and with hearings by an administrative law judge.

Gordon has successfully appealed unfavorable administrative law judge decisions the Social Security Appeals Council and to U.S. District Court (District of Maine) to have those claims remanded for new hearings.

Gordon attended Maine Maritime Academy and Tulane University Law School. At Tulane, he served as Senior Articles Editor of the Tulane Law Review and graduated magna cum laude. He was admitted to practice law in Maine in 1991. Since 2005, he has concentrated his law practice on Social Security disability and SSI cases.

Gordon is the publisher of Social Security Disability Lawyer, a nationally-read legal blog. He presented at the Fall 2010 conference of National Organization of Social Security Claimants’ Representatives (NOSSCR) on the topic of Writing Hearing Briefs for the ALJ.

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  • Blog:
    Social Security Disability Lawyer Blog
  • Organization:
    Law Offices of Gordon Gates
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