Fibromyalgia Disability Claims Across the Country
Improve Your Chances With Our Disability Lawyers
Fibromyalgia disability claims are one of the hardest claims to prove. Fibromyalgia (“Fibro”) and similarly, Chronic Fatigue Syndrome (“CFS”), are complex medical conditions that are hard to explain to others. Unfortunately for someone suffering from these conditions, they are difficult to diagnose.
Filing a claim with your disability insurance company can be a daunting task. However, having an experienced disability insurance attorney to help you along the way can make it easier and improve your chance of success.
Is Fibromyalgia or Chronic Fatigue Syndrome a Disability?
Yes, both conditions can be disabling. There are thousands of people who file disability insurance claims based on fibro and CFS. It is a difficult disability to prove because there is no one test to diagnose either condition. Often times, there is no objective medical evidence to show the disability.
Fibro affects the brain and nervous system. This can cause issues in the entire body and can lead to a total disability, making it very difficult to work. Handling everyday tasks can even be difficult for some people.
There are many causes of fibro and CFS, including:
- Immune system issues
- A traumatic event
- Hormone imbalance
Both conditions can cause severe fatigue, body pain, headaches, and depression. Interestingly, women are more likely to have CFS or fibro than men.
How Fibromyalgia Disability Claims Are Usually Handled
Filing fibromyalgia disability claims or one for CFS can be harder than other conditions. An insurance company’s hired doctors will likely dispute the diagnosis. They may even claim the symptoms are not so severe.
Disability insurance companies push back on these types of claims, even if your doctor fully supports your disability. Your best chance of getting approved is to have lab work, doctors’ opinions, medical records, and letters from friends and family sent in with your claim.
Your disability insurance company may deny or terminate your disability claim and state your symptoms are subjective. This means that the chronic, widespread pain and fatigue cannot be proven by a test. It is common for people with CFS or fibro to self-report symptoms to doctors. Also, since symptoms may vary, your insurance company might approve the claim initially. Then they may terminate your disability benefits when you are having fewer flare-ups. Their doctors will conduct a paper-based review of your record and, without ever examining you in person, decide whether or not you are disabled.
ERISA, the federal law that governs many types of disability insurance, has specific rules for filing an appeal or lawsuit. ERISA mandates you first appeal to your disability insurance company before you can file a lawsuit in court.
The time frame during which you must appeal and provide medical information supporting your case is strict. If you fail to meet this deadline, your case may be barred forever. Once the disability insurance company makes its final decision about your disability claim, no more medical evidence can be provided.
Experienced Long-Term Disability Attorneys
Our skilled disability attorneys have handled numerous claims for fibro and CFS. We have handled cases from the pre-suit appeal to litigation in court and are familiar with the strict deadlines under ERISA that both a disabled person and an insurance company have to follow.