Wednesday, July 17, 2024

Can You Get Disability For Chronic Fatigue Syndrome

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Technical Ssd Eligibility Requirements You Must Also Meet

Fibromyalgia and Chronic Fatigue Disability Benefit Legal Update

Your health isnt the only thing the SSA reviews when you apply for disability. You must also meet the technical SSD eligibility requirements to qualify for monthly benefits:

  • You must not currently receive any Social Security benefits when applying for disability. Federal law prevents any applicant from drawing two benefits on the same work record . If you already draw early retirement, regular Social Security or spousal benefits, the SSA will likely automatically deny your claim.
  • You must have worked at least 5 in the last 10 years full time while paying Social Security payroll taxes. The SSA automatically denies claimants who havent worked recently or enough years to earn 40 Social Security work credits.
  • You must be a U.S. citizen or lawful permanent resident to get SSD benefits. Legal immigrants can get SSD benefits only after living, working and paying taxes in the U.S. for at least five years.
  • Conflict Of Interest Statement

    The authors declare that the research was conducted in the absence of any commercial or financial relationships that could be construed as a potential conflict of interest.

    The handling Editor declared a shared affiliation at the time of review, though no other collaboration, with one of the authors RP.

    V How Do We Find A Person Disabled Based On An Mdi Of Cfs

    Once we establish that a person has an MDI of CFS, we willconsider this MDI in the sequential evaluation process todetermine whether the person is disabled. As we explain insection VI below, we consider the severity of theimpairment, whether the impairment medically equals therequirements of a listed impairment, and whether theimpairment prevents the person from doing his or her pastrelevant work or other work that exists in significantnumbers in the national economy.

    Recommended Reading: How To Tell If I Have Chronic Fatigue Syndrome

    Was Your Va Disability Claim For Chronic Fatigue Syndrome Denied

    The selfless individuals who give their service to the military are put through a great deal of stress, both physically and mentally. Unfortunately, many veterans suffer from physical ailments as a result of their military service. While most of these physical injuries are pretty straightforward when it comes to receiving diagnosis and treatment, others arent quite as straightforward. Chronic Fatigue Syndrome is one condition that often goes undiagnosed or even denied, leaving many veterans in a vulnerable position. Read on to learn more about VA disability for Chronic Fatigue Syndrome and what to do if your claim was denied.

    According to the Mayo Clinic, Chronic Fatigue Syndrome is a systemic exertion intolerance disease or myalgic encephalomyelitis . In order to receive VA disability benefits, you will need a current diagnosis of Chronic Fatigue Syndrome from your doctor. However, this is often easier said than done, as many medical professionals are hesitant to diagnose patients with this condition. While CFS is a serious chronic illness, common among both the general population and veterans, it is still a very misunderstood illness.

    Applying For Disability With Chronic Fatigue Syndrome Cfs

    The Chronic Fatigue Syndrome : The Essential Guide On ...

    Basic requirements for disability claimsdefinition of disability for Social Security purposesearning over the SGA limitdenied for durationthe criteria outlined in impairment listingsFiling for disability with Chronic Fatiguefiling for disability with physical manifestationslimitations in your functional abilitynot able to perform any of your past workor any other workMore about the conditionfibromyalgiabipolar affective disordersNorth CarolinaNY TimesLA TimesFor assistance on a disability application or Appeal in NC, Most popular topics on

    Also Check: Muscle And Joint Pain With Fatigue Treatment

    Help From A Lawyer With Expertise In Disability Insurance

    Disability insurance law is complex, making hiring an experienced disability attorney important. All disability lawyers at this law firm focus on disability insurance claims, and we have expertise in disability insurance law.

    That means we have:

  • Experience with every major disability insurance company
  • A proven track record of success by winning major disability lawsuits
  • Recovered millions of dollars in disability benefits for clients
  • And, we never charge fees or costs unless our clients get paid.

    The firm can help at any stage of your disability insurance claim, including:

    Because federal law applies to most disability insurance claims, our lawyers are able to represent clients across the country.

    What Medical Evidence Best Proves Your Cfs Prevents You From Working

    Its important to provide the SSA with copies of all your chronic fatigue syndrome-related medical records, including:

    • Lab test results These matter, because they show the SSA your CFS is new and not explained by another illness or chronic condition.
    • Doctors visits and progress notes showing your symptoms dont improve with ongoing treatment
    • Hospitalization dates and receipts, if applicable
    • A printed list of all prescription and over-the-counter medications you currently take, dosages, frequency, and their side effects
    • Psychometric testing results and reports from a psychologist or neurologist, if applicable

    BONUS TIP: Always list every health issue you have on your SSD claim paperwork. One health problem alone might not qualify you as disabled in the SSAs eyes. Almost 7 in every 10 applicants approved for SSD benefits in recent years listed 3-5 different health problems on their claims.

    Its also imperative to explain how chronic fatigue syndrome limits your ability to work and impacts your daily living. Physically, you want to mention how well you can walk, stand, sit, lift, push, pull, handle, carry, or reach things. Mentally, you should describe how CFS or related conditions limit your ability to:

    • Understand, remember and complete simple instructions, especially verbal
    • Respond appropriately to supervisors, coworkers, and typical work situations, especially stressful ones
    • Handle changes in a routine work environment

    Read Also: Causes Of Chronic Pain And Fatigue

    Iv How Do We Evaluate A Person’s Statements About His Orher Symptoms And Functional Limitations

    Generally, we follow a two-step process:

  • First step of the symptom-evaluation process. There mustbe medical signs and findings that show the person has anMDI which we could reasonably expect to produce thefatigue or other symptoms alleged. If we find that aperson has an MDI that we could reasonably expect toproduce the alleged symptoms, the first step of our two-step process for evaluating symptoms is satisfied.

  • Is Chronic Fatigue Syndrome A Disability

    VA claims that can get you a 100 VA rating

    Chronic Fatigue Syndrome can cause a host of ongoing physical and cognitive symptoms that can result in long term disability. These symptoms can be particularly distressing because they do not improve with rest. Individuals with CFS may be confined to their bed for days or weeks following even low levels of exertion. Your insurance company will want to know all of your symptoms so it can better understand how and why they prevent you from working.

    Don’t Miss: How To Deal With Compassion Fatigue

    Medical Conditions That Qualify For Disability Benefits

    You may be wondering what are the medical conditions that qualify for disability? And is my diagnosis on that list? We give a list of medical conditions below, but as you will learn, any medical condition can potentially qualify for disability benefits. The focus is always on the extent of the disability caused by your medical condition. And whether the extent of your disability meets the requirements for various disability benefits plans and programs. This article lists common disabling conditions. I then review the eligibility criteria for the most common disability benefits. So, you can know if your medical condition can qualify for benefits.

    Why Cfs/me Disability Claims Are Complicated

    CFS/ME claims can be difficult to prove since many physicians are reluctant to make a diagnosis without diagnostic testing that can produce evidence of the condition. Insurance companies are notorious for denying long-term disability claims.

    The doctors hired by long-term disability providers will often contradict the diagnosis. They will typically report that the symptoms are not debilitating, therefore, leaving the affected individual without the disability benefits they deserve. CFS/ME disability claims can be extremely complex. Having a disability lawyer in your corner is the best way to increase your chances of a favorable decision.

    Also Check: Can Fatigue Cause Low White Blood Cell Count

    Benefits For Chronic Fatigue Syndrome

    Chronic fatigue syndrome refers to several poorly understood medical conditions that can cause extreme fatigue for at least six months.

    It is unknown what causes chronic fatigue syndrome, though researchers believe that the condition may be associated with viral infections or immune system issues.

    The condition affects all genders, but women are more likely to be diagnosed than men. Many of those diagnosed with chronic fatigue syndrome are around forty to sixty years old.

    You may have chronic fatigue syndrome if you experience mental and physical exhaustion frequently over long periods of time. This fatigue will likely interfere with sleeping and other daily activities, often resulting in reduced cognitive functions.

    Other symptoms include muscle and joint paint, headaches, and depression. These other symptoms persist episodically for six consecutive months or longer.

    Because so little is known about chronic fatigue syndrome, there is no definitive test to diagnose the condition. Doctors must first rule out other medical problems, including sleep disorders, mental disorders, and HIV/AIDS.

    This also means that there is difficulty in getting individuals or their families to accept the existence of the condition. Yet the effects can be debilitating while some people with chronic fatigue syndrome can lead ordinary lives, others are unable to leave their bed and are left isolated.

    Winning Disability Benefits For Chronic Fatigue Syndrome

    Finding Relief from Chronic Fatigue Syndrome

    Are you suffering from the long-term symptoms of Chronic Fatigue Syndrome? Does your illness prevent you from fulfilling your duties at work? Are you wondering how to win disability benefits for Chronic Fatigue syndrome?

    If you have started to apply for long-term disability benefits or are considering beginning the process to lift the financial weight off your shoulders, you probably already know that winning disability benefits is no walk in the park. Because insurance companies consider Chronic Fatigue Syndrome an invisible medical condition, you will have to prepare diligently for this fight.You might have already managed the long-term symptoms, endured the social stigmas, and slugged through the difficult process of gaining a formal doctors diagnosis for Chronic Fatigue Syndrome. The last thing you want now is a bureaucratic nightmare on top of your debilitating long-term illness. We can help you avoid that extra pain and prepare you for the singular challenge of applying for long-term disability benefitsJust because Chronic Fatigue Syndrome isnt a leading cause of disability from the workplace in Canada doesnt mean you shouldnt get the benefits from the insurance youve already paid for. If you are suffering from Chronic Fatigue Syndrome in Canada, I can help you take first steps towards securing the support that you are entitled to. This article is part of our series examining medical conditions and disability benefits.

    Also Check: Muscle Fatigue Is Caused By

    Get Your Medical Records

    You’ll need to get a copy of your medical records, as well as multiple other records, to submit your claim anyway, but it’s a good idea to get them as soon as you start considering a claim.

    Look over your records, if possible, with your healthcare provider. More than one person has been surprised to find that their records do not actually list their diagnoses. If that’s the case, you’ll need to have your practitioner add the correct information to your records.

    You may have to pay for records, so be sure to ask your healthcare provider’s/clinic’s policies.

    Tests That Help You To Know You Have The Condition

    For diagnosis, individuals will likely experience several tests, including sleep disorder testing, to determine why you are not sleeping well. This may be due to conditions such as sleep apnea, insomnia, or restless leg syndrome. Many people also have other medical problems, such as underactive thyroid, diabetes, and anemia. Blood work can provide more insight into what may be happening in this situation.

    Some people have other medical conditions that can cause more serious, life-changing complications. This includes lung or heart impairments. This may make it harder for you to exercise or do any physical labor. Testing your heart and lungs for functionality, such as through a stress test, is also common. Others suffer from mental health issues that complicate their health. Bipolar disorder, anxiety, and depression are some of these. Working with a counselor may help address these underlying conditions.

    Read Also: Can Blocked Arteries Cause Fatigue

    Your Diagnosis Is Key

    The first step in filing a Chronic Fatigue Syndrome long term disability claim is to secure a diagnosis with your treating doctor. Your insurance company will require proof of your diagnosis in order to approve your claim.

    The problem with Chronic Fatigue Syndrome is that there is no single test that can confirm a diagnosis. Therefore, it is often difficult to objectively verify its symptoms.

    When applying for disability, it can be helpful to prove the Chronic Fatigue Syndrome diagnosis using the criteria established by the Institute of Medicine of the National Academies, which requires:

    • At least a 6-month history of a substantial reduction/impairment in the ability to engage in pre-illness levels of activities accompanied by profound fatigue of new or definite onset that is not the result of ongoing excessive exertion and that is not substantially alleviated by rest AND
    • Post-exertional malaise AND
    • Cognitive impairment OR orthostatic intolerance.

    Medically Documenting A Long Term Disability Insurance Claim

    Social Security Disability Benefits For Myalgic Encephalomyelitis / Chronic Fatigue Syndrome

    Some private employers offer short and long-term disability insurance coverage to eligible employees as part of an ERISA welfare benefit plan. The LTD Plan provides a percentage of pre-disability income in the event the worker becomes disabled.

    Individuals can also privately purchase disability income insurance directly through an insurance broker for a specific monthly benefit amount. The latter are not governed by ERISA, but rather state insurance laws.

    Just as a physician must provide medical documentation for an ME/CFS SSD claim, she must also medically document the LTD claim. A patient must accurately report the ME/CFS symptoms/limitations to the physician to assist in devising a treatment plan and to clinically document the medical chart for both SSD and LTD claims.

    Read Also: Does Uterine Cancer Cause Fatigue

    Provide A Before And After Record Of Occupational And Everyday Functional Abilities

    Disability insurers and SSA require all claimants to describe their work history, especially the occupational demands prior to disability onset. When a patient requests a physician respond to a disability inquiry or provide a report on their behalf, the physician should inquire about the patient’s job demands to assess whether the patient’s ME/CFS symptoms, limitations and restrictions reasonably prevent the patient from performing his own occupational demands or the demands of any occupation. If an ME/CFS claimant was physically active and engaged prior to disability, but has abandoned all or many of those activities, that should also be documented in the medical record.

    We Assist Canadians With Chronic Fatigue Syndrome Receive The Money They Deserve

    We have helped Canadians with chronic fatigue syndrome for over 10 years. With our assistance, you will have a professional working closely with you to complete your T2201 and ensure that your application proves compelling to the Canadian Revenue Agency.

    Many Canadians with chronic fatigue syndrome have their Disability Tax Credit denied because the CRA is unconvinced that their mental or physical condition is prolonged or severe enough. We can help you submit a strong application to set your mind at ease. Our team will ensure that your application is compelling and convincing to get you the tax credit you deserve.

    Also Check: Fatigue Symptom Of Breast Cancer

    Symptoms Of Chronic Fatigue Syndrome Disability

    Do you have these symptoms that may help you qualify for disability claims?

    #1: Unexplained fatigue that makes it hard to get through a workday

    #2: Sleep disorders such as restless legs syndrome or obstructive sleep apnea

    #3: Anxiety, bipolar disorder, depression, or other mental health complications

    #4: Six months or more of unexplained, unrelenting fatigue not otherwise explained

    #5: Difficulty with memory and concentration

    #6: Painful, sore throat and enlarged lymph nodes

    #7: Unexplained muscle pain or joint pain

    #8: Inability to wake up from sleep without significant pain and discomfort

    #9: Extreme exhaustion from even mild work

    #10: Doctor-diagnosed chronic fatigue syndrome

    25+ Years of Experience and Over 200 Successful Cases

    Pro Tip:

    An experienced lawyer can help you to decide the best steps to move forward in your case for long term disability.

    What Medical Records Do I Need To Prove Cfs


    Social Security Ruling 14-1p lays out the requirements for CFS to be evaluated. The ruling states that CFS must first be established as a “medically determinable impairment” by medical signs and/or laboratory findings. In particular, Social Security has listed the following as examples of objective medical evidence that can establish that you have an MDI, particularly if they are documented over a half a year or more:

    • swollen or sore lymph nodes on physical examination
    • sore throat without exudate
    • ongoing muscular pain exhibited during repeated examinations
    • the presence of positive tender points
    • positive test for Epstein-Barr virus
    • abnormal MRI, and
    • abnormal exercise stress test, and
    • abnormal sleep studies.

    CFS can be a difficult disease to document clinically, as medical tests and laboratory results do not always reflect the degree of the illness. Therefore, it is important to understand that Social Security will not approve a disability claim based on the description of symptoms alone, though how symptoms affect your daily life is considered in the decision.

    Also Check: Itchy Skin Sore Joints Fatigue

    Contact An Experienced Disability Attorney

    Claims based on CFS are notoriously difficult to win, but you can greatly improve your chances by contacting an experienced disability attorney to represent you. Fill out our consultation form to find a trusted attorney in your area.

    Take our disability quiz to help you determine whether you qualify for benefits.
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