By Bernard A. Kansky, Esq. — © 2017 — All Rights Reserved

From Summer 2017 Forum

The questions and answers set forth in this column are an expression and exchange of ideas of a general nature. The interpretation of laws, rules and regulations vary from time to time and are based on the particular facts of a specific set of circumstances at any given time. The law is fluid and often does change from day to day. If you have a specific question, it is essential that you consult with your own attorney or call and leave a message at the NCF.

Q. I have heard that frequent treatment in a hyperbaric chamber can often reduce if not eliminate the pain of fibromyalgia Do you have any suggestions about this and whether or not it might help me to recover my SSA long-term disability benefits if despite these treatments I suffered less pain but still remained unable to return to any full-time substantial gainful employment activity.

A. Yes, it appears correct that frequent treatment in an hyperbaric chamber may help you to reduce and better deal with the pain associated with fibromyalgia but we must accept the fact that many countries which are the most advanced in such treatments, are also the same countries which refuse to acknowledge the severe and disabling symptoms of CFIDS and are even less inclined to permit hyperbaric treatment, making it even more difficult to obtain such treatment for fibromyalgia and CFIDS.  In addition, we have since learned that fibromyalgia and CFIDS are caused and or triggered by low dose radiation and no country wants to admit that its war time and related activities cause fibromyalgia and CFIDS and that usually results in those governments minimizing the effects and diagnoses resulting from low dose radiation. In short, heads, the Government wins and tails, the victims of low dose radiation lose… However in actuality, everyone loses when so many people are out sick and disabled for life and must depend upon SSDI to replace much of their income to support their families.

Q. It seems to becoming increasingly difficult to obtain Social Security long-term disability benefits as more people become afflicted with fibromyalgia and Chronic Fatigue and Immune Dysfunction Syndrome. Is there any substance to this?

A. Yes. As more people become totally and permanently disabled as a result of exposure to low dose radiation, more people than ever before are becoming more severely and more totally disabled than ever before. However, instead of countries acknowledging such facts, they instead pretend that such diseases are self created and self reported, and therefore many Administrative Law Judges are taking the easy way out and listening instead to specially selected and paid SSA vocational experts who find ways to determine that there is always some full-time job a claimant can always do, even if strapped into a casket in the front display window of a funeral home.  What everyone seems to be overlooking and as Einstein on his deathbed stated, "No amount of exposure to radiation is safe." And to confirm this, one only need examine all of the facts and circumstances surrounding Chernobyl and its aftermath.

If someone is a member and has any questions about any of the foregoing, please send a letter with a stamped self-addressed return envelope to the NCF to the Attention of "Ask Bernie The Attorney."