Chronic Fatigue Syndrome And Long Term Disability Insurance Claims
Patients with chronic fatigue syndrome may be unable to work because of their disease and its related complications. Patients who find themselves unable to work because of their chronic fatigue syndrome may qualify for long term disability benefits. The insurance company will review their claim to see if they qualify under the conditions of that plan.
How To File For Social Security Disability
Some people with CFS are able to work and have a job that is flexible and meets their needs. If you are employed, it’s important to learn about managing CFS symptoms and coping with side effects.
In addition, if you have tried different jobs and are unable to work, you might consider applying for disability through the Social Security Administration .
According to federal regulations, to qualify for disability you must prove that you have a severe impairment. You also need to prove that the impairment limits your physical or mental ability to do work, your illness must prevent you from working for at least a year. You must not be earning more than $1,310 per month.
If you are filing for Social Security Disability based on CFS it is extremely important to have detailed medical records from your treating doctors. Your records should include all:
- lab tests results
How Your Residual Functional Capacity Is Used At A Social Security Hearing
Many claims are denied both at the Initial Application and Request For Reconsideration stages of the claims process.
At the hearing stage, the Administrative Law Judge will determine your RFC and give hypotheticals to the vocational evaluator who will testify at your hearing. The judge will ask the VE to take into consideration your RFC, as determined by the judge, your age, education and prior work experience in determining:
- Whether you can return to the lightest job you held in the last 15 years,
- Whether there is other work you can do or could learn to do.
It is crucial that you are represented at a hearing to make sure the right questions are asked of the VE.
Recommended Reading: Best Medication For Ms Fatigue
Severity Stages Of Chronic Fatigue Syndrome
As studies showed, CFS may be progressed through 3 stages of severity.
1. Mild CFS
You may limit a leisure activity, but still be okay with regular daily tasks, like household, day-time study or a job.
2. Moderate CFS
At this stage, motivation to move becomes a problem. You prefer to spend more time at home and find such things like shopping really hard proper diagnosis is really important here to prevent serious consequences and disease progression.
3. Severe CFS
Most patients start to look for a wheelchair and additional help to move. They cant live alone anymore, because physical and mental troubles are in progress. Every morning they feel unable to leave the bed and even to make breakfast.
Tip: Did you know some symptoms of CFS overlaps with the High Blood Pressure Symptoms?
Most Common Symptoms Of Chronic Fatigue Syndrome
How do patients with CFS feel? The early signs of CFS / ME are below.
- Fatigue, or excessive tiredness with no obvious cause for at least 6 months you cant get rid of your tiredness even by taking a nap or a long vacation.
- Continuous muscle and joint pain they dont get better after a relaxation the hallmark of CFS is supposed to be post-exertion malaise performing minimal physical exercises will not make you feel any better.
- Flu-like signs you may suffer from a sore throat or swollen glands.
- Intolerance to irritants light, noise, unusual smell can make your weakness worse sometimes, the food and alcohol are also things patients with CFS tend to avoid.
- Psychological issues enormous, recurrent panic attacksand depression insomnia take into account it doesnt depend on the weather or personal support or welfare you receive so, no reason to ignore it.
- Bad memory and concentration you cant put the thoughts in the right order moreover, it increases the irritating levels, such patients are defined as always in a bad mood for no reason.
Tip: Other Signs of Chronic Fatigue Syndrome was discussed before.
Tip: If you get headaches in addition to weakness, be aware of Headache Triggers.
Tip: Did you know low and high blood sugar can cause lethargy, fatigue and dizziness, too?
Don’t Miss: What Can Cause Fatigue And Weakness
Evaluating Chronic Fatigue Syndrome Disability Benefits Claims
As mentioned above, CFS is not included in the Social Security Administrations listing of qualifying impairments . In addition, disability examiners rarely find that CFS is medically equivalent to a listed condition. You may be awarded benefits based on a medical vocational allowance however, which considers factors such as your:
- Age
- Maintaining concentration, adequate attendance, and punctuality
- Carrying out simple and complex instructions
A supporting opinion from your doctor will go a long way in having your claim approved. It can also help for you to create a daily log of your symptoms which we will submit to the SSA. Finally, statements from family members, neighbors, or former co-workers, can also prove helpful in documenting your chronic fatigue syndrome.
You can count on our disability lawyers to guide you through all aspects of the claims process, from submitting the initial application to providing the necessary medical evidence, to handling your disability appeal, and representing you during the disability hearing. Above all, we will make your CFS claim our cause and work tirelessly to help you obtain the benefits you deserve.
Contact Our Experienced Arizona CFS Disability Claims Attorney
Does Chronic Fatigue Syndrome Qualify For Social Security Disability
The Social Security Administration issued a ruling recognizing chronic fatigue syndrome as a legit medical illness. If you meet the technical requirements for Social Security disability benefits, you can apply for it with this condition. The SSA says chronic fatigue syndrome constitutes a medically determinable impairment when accompanied by medical signs or laboratory findings.
You must prove CFS prevents you from working at least 12 months to get SSD benefits for chronic fatigue syndrome. Still, this illness doesnt garner automatic approval. First, the SSA reviews all your medical evidence and determines whether you can perform your past work. If you cant do your old job, they will look for any other work you can do before making a decision.
You may need to complete a Residual Functional Capacity Assessment as part of your medical exam. The RFC is a report stating how your health issues limit your ability to complete certain job-related tasks. If you need frequent breaks during the day to rest, most employers wouldnt be able to accommodate you. This makes performing your required job duties for 40 hours per week more challenging. If you have severe pain and weakness, many job tasks become difficult to impossible for you to handle. Carrying heaving objects, frequently standing, stooping or staying on your feet all day are just a few examples.
Recommended Reading: How To Calculate Disability Retirement Pay
Also Check: What Specialist Treats Chronic Fatigue Syndrome
There Is No Known Cause Of Me/cfs But Researchers Suspect A Few Contributing Factors
Viral infections, such as Epstein-Barr, problems in the immune system, or a hormonal imbalance may trigger the condition, but there is still no conclusive evidence proving any of these play a definitive role. Scientists have also noticed some abnormalities in people with chronic fatigue syndrome:
- Cells in the body have trouble making enough energy
- Abnormal levels of hormones in the brain
- Abnormalities in the structure of certain genes
- Low levels of cortisol
How Does The Social Security Administration Decide If I Qualify For Disability Benefits For Chronic Fatigue Syndrome
If you have chronic fatigue, Social Security disability benefits may be available to you. To determine whether you are disabled by chronic fatigue, the Social Security Administration will consider whether your chronic fatigue qualifies as a severe medically determinable impairment at Step 2 of the Sequential Evaluation Process. See Chronic Fatigue Syndrome as a Medically Determinable Severe Impairment. If your chronic fatigue qualifies at Step 2, the Social Security Administration considers whether your chronic fatigue is severe enough to equal a listing at Step 3 of the Sequential Evaluation Process. See Winning Social Security Disability Benefits for Chronic Fatigue by Equaling a Listing.
If your chronic fatigue is not severe enough to equal a listing, the Social Security Administration must assess your residual functional capacity , to determine whether you qualify for benefits at Step 4 and Step 5 of the Sequential Evaluation Process. See Residual Functional Capacity Assessment for Chronic Fatigue Syndrome.
Read Also: Extreme Leg Weakness And Fatigue
What Medical Evidence Will Help Me Get Approved For Fibromyalgia Disability Benefits
_____
Fibromyalgia is a medically determinable impairment which will be recognized by the Social Security Administration if diagnosed by a licensed physician who uses the American College of Rheumatology Criteria for the classification of fibromyalgia.
Additionally, the Social Security Administration will also consider medical evidence pursuant to SSR 06-3p. The Social Security Administration will look at your medical records and will take a longitudinal view of your treatment notes and your symptoms. Thats one of the reasons why its important to give an accurate description to your physician of the difficulties that you are having between each visit so that those difficulties are reflected in your medical records.
The Social Security Administration doesnt make it easy for those who suffer from fibromyalgia to get the Social Security Disability benefits that they deserve. If you have been diagnosed with fibromyalgia and your physician tells you that you are no longer able to work, you may be eligible for Social Security Disability benefits. Contact fibromyalgia disability attorney Nancy Cavey today to learn more!
What Chronic Fatigue Syndrome Symptoms Does The Ssa Look For
The SSA also counts on the Centers for Disease Control and Prevention to evaluate CFS cases. To receive a diagnosis, you must experience these symptoms for at least six months:
- Muscle pain
- Tender or enlarged lymph nodes
- Sleep that doesnt refresh you
- Headaches that differ from the ones you had from before developing chronic fatigue syndrome
- A generally unwell feeling that lasts for 24 hours after any mental or physical exertion
Many people with CFS also suffer from related health issues, such as anxiety or depression. These mental health issues can also make it harder for you to work 40 hours every week. If you struggle to get along with coworkers or frequently arrive late, say that on your SSD application.
Don’t Miss: Is Fatigue A Sign Of Heart Disease
Chronic Fatigue Syndrome And The Americans With Disabilities Act
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment. For more information about how to determine whether a person has a disability under the ADA, see How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act Amendments Act .
What Makes Their Life Even Harder When You Fight With Cfs
These patients are not welcome in the world and easily being misunderstood as they immensely fail from the regular rat race, where everyone tries to reach a career goal, create a family, move abroad, be successful, etc.
These people are simply misunderstood, and the world around them expect them to will keep telling them just take some rest, and youll be fine thats what they hear. Even more, old-school doctors refuse to see a problem.
How was your shopping? You dont mind riding your daughter to a dance class right? For patients with CFS, the simplest actions like these become challenges. As some say: I need the rest of my energy and planning ability to go out with a friend and take a coffee. You probably think its so effortless while seeing me from the outside.
CFS happens to occur to completely different individuals. You may run a small confectionery, be a graduate student or play in a national football league its only a question of How? and When it may develop.
Tip: If you Struggle to Sleep Through the Night, be aware of other causes of insomnia.
You May Like: Headache Nausea Fatigue Abdominal Pain
Contact Cfs Social Security Disability Attorney Nancy L Cavey Who Can Help You Regardless Of Where You Live In Florida
You owe it to yourself and your family to get help today! Nancy Cavey can explain the Five-Step Sequential Evaluation process used in every claim, the claims process and how to get your disability benefits for CFS. Call today for a free consultation at 727-894-3188.
Need Help? Contact us now
Free Disability Consultation
It Is Difficult To Get Social Security Disability Benefits For Cfs But Here’s How You Can Improve Your Chances
By Aaron Hotfelder, J.D., University of Missouri School of Law
The Social Security Administration is generally skeptical of disability claims based solely on chronic fatigue syndrome . Claims are rarely approved at the initial or reconsideration levels, and even at the hearing level, most Administrative Law Judges are reluctant to pay benefits except in the most compelling cases.
In cases involving chronic fatigue syndrome, Social Security regulations require that objective medical signs and laboratory findings support the existence of the diagnosis. Self-reported symptoms alone are not enough, despite the subjective nature of many symptoms of CFS. In addition to providing objective evidence of your condition, it’s critical that you request an opinion from your treating doctor regarding your work-related limitations.
Recommended Reading: Does Thyroid Cancer Cause Fatigue
Your Medical Providers Must Also Rule Out Other Possible Causes Of Your Symptoms Before Diagnosing Cfs
You should provide all medical records pertaining to your condition to Social Security, including doctors notes, results of x-rays, MRIs, and other tests, and records from any hospitalizations. If you suffer from any other mental or physical conditions, be sure to include records concerning those impairments as well. Even if you cannot match the criteria of one of Social Securitys listed impairments, you may be awarded benefits through a medical vocational allowance which considers a persons age, education, work history and residual functional capacity . Its imperative that you ask your doctor for a written opinion about any work-related limitations you may have.
Read Also: What Is The Highest Paying State For Disability
Is It Possible To Be Approved For Ssd With Fibromyalgia
Contrary to what you may have read elsewhere, it IS possible to be approved for Social Security Disability benefits with fibromyalgia or chronic fatigue syndrome , as long as you meet the Social Security Administration’s criteria.
A 2012 policy update offered guidance for evaluating claims involving fibromyalgia. The Social Security Administration also offers information on evaluating evidence of chronic fatigue syndrome.
To be eligible for benefits, you must:
- Have an adequate work history
- Be unable to work for an extended period of time
- Have an illness or injury that is unlikely to improve within the next 12 months
It’s a misconception that there’s a “list” of conditions that are covered by SSD. Rather than maintaining a list, the agency looks at whether an individual’s symptoms are severe enough to be disabling and reasonably prevent employment.
You also have to have an adequate work history, which can pose a problem for people who become chronically ill when they’re young. If you haven’t worked long enough to be eligible, you may still qualify for Supplemental Security Income .
However, being approved for SSDI benefits is not an easy process by any means, and most applications are rejected on the first attempt. More people are approved during an appeals process that can take a considerable amount of time.
If you are eligible for SSD, the steps ahead will help you avoid common pitfalls and strengthen your case.
Read Also: Shingles Fatigue How Long Does It Last
Currently There Is No Cure For Chronic Fatigue Syndrome But Its Symptoms Especially Those That Are Mild To Moderate Can Be Managed
Treatments include over-the-counter sleep aids, prescription medications, anti-depressants and developing good sleep habits. The most effective treatment combines cognitive training and graded exercise. With the help of counselors and physical therapists, a patient can plan a daily routine that makes them feel more in control of their life and reduce hypersensitivity to exercise.
Do I Qualify For Social Security Disability Benefits If I Have Chronic Fatigue Syndrome
The Social Security Administration doesnt always make it easy for those with chronic fatigue syndrome to get the Social Security Disability Insurance or Supplemental Security Income benefits they deserve. Many claims are denied because SSA says:
You can return to the lightest job you held in the 15 years before you became disabled, or
There is other work you can do in the mythical national economy based on your age, education, transferable skills and your residual functional capacity.
Not all cases of CFS are severe enough to make you eligible for Social Security Disability benefits, but Nancy Cavey has successfully represented many SSA applicants with CFS. She works to overcome the claims denial by working closely with you and your physician to show that:
- Your limitations are too great for you to work at your old job or any other job in the national economy in view of your age, education and transferable work skills.
She offers a free initial consultation and welcomes the opportunity to speak with you about your Social Security disability claim.
Recommended Reading: Causes Of Exhaustion And Fatigue
It May Be Helpful To Keep A Daily Log Of The Nature And Severity Of Your Symptoms Which You Can Submit To Social Security
Statements from family members, friends, or former co-workers, can also aid in documenting the extent of your impairments. Qualifying for Social Security Disability Income under a diagnosis of chronic fatigue syndrome is not easy. Enlisting the assistance of a qualified disability attorney can greatly increase your chances for a successful claim.
In order to qualify for Social Security Disability, you will need to satisfy a few specific requirements in two categories as determined by the Social Security Administration.
The first category is the Work Requirements which has two tests.
The second category is the Medical Eligibility Requirement.
More details can be found on our Qualifying for Disability page.
