Va Disability Rating Criteria For Chronic Fatigue Syndrome
According to 38 CFR, Part 4, theSchedule for Rating Disabilities, paragraph §4.88a the diagnosis of ChronicFatigue Syndrome for VA rating purposes requires the following:
#1. New onset of debilitating fatigue severe enough to reduce daily activity to less than 50 percent of the usual level for at least six months AND
#2. The exclusion, by history, physical examination, and laboratory tests, of all other clinical conditions that may produce similar symptoms AND
#3. Six or more of the following:
- Acute onset of Chronic Fatigue Syndrome ,
- Low grade fever,
Accommodating Employees With Chronic Fatigue Syndrome
People with CFS may develop some of the limitations discussed below, but seldom develop all of them. Also, the degree of limitation will vary among individuals. Be aware that not all people with arthritis will need accommodations to perform their jobs and many others may only need a few accommodations. The following is only a sample of the possibilities available. Numerous other accommodation solutions may exist.
Ethics Approval And Consent To Participate
The study protocol was approved by the Ethical Committee at Vall dHebron University Hospital, Barcelona, Spain . Before enrollment, all participants received a brief explanation of the aims, risks and benefits of the study and were informed that they could terminate the interviews at any time. The local Institutional Review Board approved the form of consent indicated by completing the survey. All participants gave their informed consent forms prior to enrollment. The work was carried out in accordance with the Code of Ethics of the World Medical Association for experimental studies involving humans.
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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.
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.
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Write A Personal Narrative
It is often beneficial to explain how your individual symptoms prevent you from performing your job duties by preparing a detailed, written narrative for the insurance company. In many cases, it is helpful if the narrative addresses all of your symptoms by listing them separately first.
Since many symptoms of Chronic Fatigue Syndrome/Myalgic Encephalomyelitis are subjective in nature, your narrative can also address the severity of your symptoms, as well as any factors that may trigger or exacerbate your symptoms.
Services You Can Trust
Many Canadians with disabilities dont get approved because they opt to fill out their T2201 Form themselves rather than seek the help of a professional. If youre living with a severe and prolonged mental or physical disability, we can get you approved for the Disability Tax Credit.
We have been helping clients with their applications for the Disability Tax Credit for many years now, and we can guarantee that you will be satisfied with our services.
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Beware Of Insurer Attempts To Characterize Your Disability As A Mental Disorder
Most long term disability group policies limit benefits to two years when the disability is caused or contributed to by a mental illness. Insurance companies frequently use these provisions as a shield because the symptoms of CFS/ME are often similar to symptoms of depression. It is much harder for your insurance company to make this claim when your treating doctor has followed the proper diagnostic criteria and performed the right tests to rule out other conditions.
C& p Exam For Chronic Fatigue Syndrome
A C& Pexam for Chronic Fatigue Syndrome usually involves a physicalexamination and history of your medical symptoms over time, including Frequency,Severity, and Duration.
The C& P examiner will complete an electronic versionof the DBQfor Chronic Fatigue Syndrome.
DBQ for Chronic Fatigue Syndrome
As of April 2020, there are no known tests to screen anddiagnose Chronic Fatigue Syndrome in veterans.
However, the C& P examiner may conduct lab tests to help rule out any other chronic conditions.
Youll want to explain to the C& P examiner HOW your ChronicFatigue Syndrome symptoms are limiting or affecting your work, life, and socialfunctioning.
For example, how often do you have symptoms?
How severe are your symptoms and do they limit or affectyour work, life, and social functioning?
Be prepared to tell your true story about the frequency, severity, and duration of your Chronic Fatigue Syndrome symptoms over time.
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Chronic Fatigue Syndrome And Long Term Disability Insurance Benefits
Chronic fatigue syndrome is a debilitating illness that makes performing daily tasks of living difficult and at times, impossible. The typical symptoms include extreme and ongoing fatigue that does not improve with rest. Other symptoms are headaches, muscle pain and joint pain. Many people who have CFS find it difficult to get out of bed every day. They have little or no energy, and it is hard to concentrate. Individuals who have been highly functioning throughout their entire lives find themselves frustrated, as they simply dont have the physical and mental capacity they did before becoming sick with CFS.
Well Help You
Diseases like CFS, sometimes referred to as myalgic encephalomyelitis or Chronic Fatigue and Immune Dysfunction Syndrome and fibromyalgia, are especially challenging because those suffering from these illnesses dont look sick. Employers and co-workers dont see a physical change, so they cant understand why performing complex tasks, or making quick decisions, necessary for a high-level executive, have suddenly become impossible.
Viral And Other Infections
The term post-viral fatigue syndrome is used to describe CFS-like symptoms that occur after a viral infection. A recent review found Epstein-Barr virus antibody activity to be higher in patients with CFS, and that a subset of patients with CFS were likely to have increased EBV activity compared to controls. Viral infection is a significant risk factor for CFS, with one study finding 22% of people with EBV experience fatigue six months later, and 9% having strictly defined CFS. A systematic review found that fatigue severity was the main predictor of prognosis in CFS, and did not identify psychological factors linked to prognosis. One review found risk factors for developing CFS after mononucleosis, dengue fever or the bacterial infection Q-fever include longer bed-rest during the illness, poorer pre-illness physical fitness, attributing symptoms to physical illness, belief that a long recovery time is needed, as well as pre-infection distress and fatigue. The same review found biological factors such as CD4 and CD8 activation and liver inflammation are predictors of sub-acute fatigue, but not CFS, however these findings are not generally accepted due to the use of the Oxford criteria in selecting patients. The CDC does not recognize attribution of symptoms as a risk factor.
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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.
Contact Mk Disability Lawyers For Skilled Representation In Claims Relating To Chronic Fatigue Syndrome
At MK Disability Lawyers, we do our best to take on the stress of dealing with our clients long-term disability disputes, so they dont have to. Clients facing the debilitating symptoms of Chronic Fatigue Syndrome may find that they are no longer able to work and earn an income. The challenge of receiving a diagnosis can be frustrating, which is compounded if a claim for long-term disability is denied. We advise clients on the best path forward to successfully appeal a claim denial while remaining sensitive to the physical and emotional challenges they are facing. If you have had a long-term disability claim denied or terminated, we can help. To arrange a complimentary consultation with one of our experienced disability lawyers, please complete the online form, or call us at 844-241-3832.
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Chronic Fatigue Syndrome And Social Security Disability
What is Chronic Fatigue Syndrome?
Chronic fatigue syndrome is a disorder that is mainly known to lead to extreme fatigue that cannot be explained or pinned down to a known medical condition. The level of fatigue may increase as a result of a physical or mental exertion but even when the individual takes rest, the fatigue does not lessen.
With no clear causes for chronic fatigue syndrome, scientists believe it is caused by psychological stress or viral infections. It could also be a combination of various factors.
There is no treatment for chronic fatigue syndrome, but there is treatment for its symptoms. Symptoms for chronic fatigue syndrome include:
- Loss of memory
- Exhaustion lasting more than 24 hours after an activity
- Poor sleep
If a patient is showing some or all of these symptoms, tests are done to rule out other diseases with similar symptoms. If no other problem can be diagnosed, the patient is diagnosed with chronic fatigue syndrome.
Qualifying for Benefits with Chronic Fatigue Syndrome
Chronic fatigue syndrome is not a condition that qualifies someone for Social Security benefits. He or she needs to prove to the Social Security Administration that the symptoms make meaningful work impossible.
The various records and items are needed in order to prove a claim include:
- Doctor visit records
- Recorded hospitalizations
Why it is Important to Have an Attorney
Get a disability attorney because:
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For Pip Explain Why Aids Or Assistance Wouldnt Help
People with M.E. usually are given 2 points for aids, as though the aids will magically enable you to cook a main meal from fresh ingredients or have a shower whenever you feel like it.
So, if aids or even assistance, wouldnt make a task any easier, you need to explain why that is the case.
For PIP, you are supposed to be assessed on how you are for over 50% of the time.
If you cannot carry out a task for half the week or more, not even with aids or assistance, you should therefore be assessed as being unable to do that task at all.
Couple this with the correct interpretation of the word reliably and many people, particularly those with Severe M.E., should be scoring maximum points on many of the descriptors.
Recipients By Marital Status And Gender
The majority of DSP recipients are not partnered with females more likely to not have a partner than males .
Proportionally, males and females are similar in the de facto category . Males are more likely than females to be married or single while females are more likely to be divorced, separated or widowed. While the proportion of partnered male recipients has decreased since 1998 , the proportion of females has increased .
The higher percentages of divorced, separated and widowed women could be the result of a number of factors:
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How Does Social Security Assess Whether I Am Disabled By Cfs
If Social Security concludes that you have a medically determinable impairment, and your chronic fatigue is severe, Social Security will next determine whether the physical or mental limitations caused by CFS make you disabled and unable to work a full-time job. To do that, it will develop a residual functional capacity assessment for you.
To help Social Security develop an accurate RFC, you need to provide them with your medical records that date back to when the symptoms of your CFS first began. These records should include all lab test results, hospitalizations, doctor visits and reports, and a complete list of medications and their side effects.
In light of your documented symptoms, Social Security might develop an RFC for you that states that due to persistent fatigue, you need to take frequent breaks throughout the day to rest as needed. Because most employers would not accommodate this limitation, it would be difficult for you to perform most jobs.
If you suffer from documented muscle pain and weakness, your RFC may also include limitations on certain work-related physical activities as well. For example, your RFC may state that you cannot lift or carry objects that weigh more than 10 pounds. This limitation would prevent you from doing jobs that required physical exertion, such as some factory work, warehouse work, and most janitorial positions.
Research Funding Diversion At The Cdc
In 1998, William Reaves, a director at the Centers for Disease Control , alleged deceptive Congressional testimony was given by officials at the agency concerning CFS research activities conducted by the organization specifically, funds for programs intended for CFS research were diverted to other projects and not reported. He also stated he was retaliated against by his superior, Brian Mahy, after he reported the irregularities.
A Government Accounting Office investigation disclosed almost 13 million dollars for CFS research had been redirected or improperly accounted for by the CDC. The agency stated the funds were redistributed in order to respond to other public health emergencies. The director of a U.S. national patient advocacy group charged the CDC had a bias against studying the disease.
In response, the CDC pledged reforms to accounting practices to reduce misuse of funds earmarked for specific diseases. Additionally, the money diverted from CFS research was to be restored over a period of three years.
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Toronto & Markham Long
Chronic Fatigue Syndrome, like many other invisible illnesses, can be an especially frustrating disability to establish when seeking to claim long-term disability benefits. Similar to conditions such as fibromyalgia or multiple chemical sensitivities, there is no specific diagnostic tool that can identify when a person is suffering from the condition. Rather, a physician will generally make a diagnosis based on medical history, symptoms and through ruling out other potential causes.
At MK Disability Lawyers, we have worked with many clients suffering from invisible conditions, and we understand how very real they are for those who are facing them. While a diagnosis can be a challenge, the symptoms themselves are very real and have a significant impact on a persons ability to perform the functions of their job. We have seen numerous clients who have been denied a disability claim on the basis of insufficient medical evidence and we know how best to advise these clients on developing an appeal that is undeniable. In addition, we work to accommodate clients with respect to their individual symptoms whenever possible. For those suffering from Chronic Fatigue Syndrome, we understand that there may be good days and bad days, or even good times of the day. We will work to schedule meetings when a client is at their best and can even meet remotely if travel to the office becomes too challenging.
Patient Documentation Of Symptoms And Functional Limitations
For most patients with ME/CFS, with or without comorbidities, the most important factor limiting function is what medical specialists call post exertional malaise or PEM. As described above, PEM is the severe and long-lasting flare-up of symptoms and decrease of function that often results from even modest degrees of physical or cognitive exertion. When the ME/CFS patient is severely ill, PEM flare-ups tend to be both more frequent and more severe, and can often reduce function for many hours, days, weeks, or longer.
To ensure that symptoms and functional limitations are well documented in the medical record, disease experts recommend that patients keep a daily journal of their complaints and functional limitations to give to their physician at every medical provider visit. This will provide real-life examples of what happened when the patient pushed too hard and encountered PEM. This journal should be maintained even by patients already receiving disability benefits as the claim may be subject to later review. The journal should include both good day and bad day examples to reflect the range of symptoms and functional impairment caused by the claimants ME/CFS and other important comorbidities .
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