Me/cfs Patients Or Their Parents Should Keep A Daily Journal With Complaints And Limitations To Provide For The Physician At Each Office Visit
ME/CFS patients often complain of brain fog or other cognitive issues which may adversely impact reporting symptoms/limitations to the physician. The physician should request the patient keep a daily journal of complaints and limitations to ensure the medical chart documents the actual state of the patient’s health, and the functional limitations which result. The symptom/limitation journal can therefore provide a more accurate picture of the patient’s symptoms and limitations and, when given to the physician during a visit, becomes part of the chart for a physician to review for treatment purposes, and to answer questions posed by the disability insurance company or the Social Security Administration.
Good Day/Bad Day Constellation of Symptoms
ME/CFS patients often experience good days and bad days and a patient’s chronicling activities on those days is important. For example, if taking a shower on a good day requires the ME/CFS patient to rest after for a period because he is exhausted, the journal can document that.
ME/CFS patients often define a good day as a day when she can perform one or two activities with rest intervals, hardly a good day to most people.
On bad days, the level of function can plummet to little more than eating, drinking and going to the bathroom. A contemporaneous description of such days is critical in this context, especially when LTD insurance companies frequently employ surveillance to undermine ME/CFS claims.
Inability To Work Due To Chronic Fatigue Syndrome
Chronic Fatigue Syndrome/Myalgic Encephalomyelitis can be extremely disabling. However, your insurance company may not understand the nature and severity of your symptoms or the impact they have on your job. To increase your chances of approval, you can explain how and why each of your symptoms prevent you from performing your job duties.
For example, your fatigue, exhaustion, and general malaise may make it impossible for you to carry out your activities of daily living let alone your work-related tasks. You may not have enough energy to stay awake or alert during an important meeting, or you may have difficulty completing a normal 8-hour workday without excessive breaks.
Your cognitive deficits also may make it very difficult to concentrate or focus on conversations with co-workers or on preparing that important memorandum within a strict deadline. Your inability to quickly process information may prevent you from understanding complex matters and cause you to work at a slower, unsatisfactory pace.
Challenges Claiming Disability For Chronic Fatigue Syndrome
Chronic fatigue syndrome is a serious, long-term illness that affects many body systems. People diagnosed with this condition are often unable to work and do most daily activities. The fatigue can be so severe that people become bedridden.
Despite these limitations, chronic fatigue is challenging to measure. The condition causes similar symptoms to other illnesses and there is no definitive test to confirm a diagnosis. Doctors often base a diagnosis on specific symptoms a person is experiencing after ruling out other possible causes.
Your doctor may, for instance, conduct a detailed medical exam about your medical history, your familys medical history and the severity, length and frequency of your current symptoms. Blood and urine tests may also be ordered to make sure a low red blood cell count is not indicative of anemia.
Another challenge is that the cause of chronic fatigue syndrome is unknown. There may be more than one factor involved. Theories from researchers range from viral infections to psychological stress.
If you have been diagnosed with chronic fatigue syndrome and cannot work, the best way to improve your chances of being approved for disability benefits is by having an experienced lawyer on your side. He or she will know what the SSA is looking for in your claim and represent your best interests.
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A Chronic Fatigue Syndrome Disability Claim Will Be Challenged
Disability insurance companies will often turn away claimants with chronic fatigue syndrome due to a supposed lack of evidence. Even if you submit valid medical testimony from your treating physician, your short or long term disability company could make a decision based upon its own in-house doctor even though this doctor probably never met you. Chronic fatigue syndromes lack of objective medical tests and physical symptoms make it especially difficult for the claimant to support their claim.
Many disability companies have drafted two year limitation provisions in the long term disability policies in order to avoid paying CFS claims for more than two years. Our lawyers know all of the tactics that the disability companies rely upon in order to deny CFS claims. You need to be prepared in order to secure your disability benefits for the long term.
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.
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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.
How Much Can I Receive In Va Disability Benefits
As of December 1st, 2021 the VA disability rate benefit amounts are as follows:
- 0 percent disability rating: $0.00 per month
- 10 percent disability rating: $152.64 per month
- 20 percent disability rating: $301.74 per month
- 40 percent disability rating: $673.28 per month
- 60 percent disability rating: $1,214.03 per month
- 100 percent disability rating: $3,332.06 per month
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Which Disability Benefits For Chronic Fatigue Syndrome Do I Qualify For
When it comes to claiming long-term disability benefits, you might be eligible for one of two types of disability benefits if you are a worker. These are the Canada Pension Plan disability benefits and the long-term disability insurance benefits.
CPP disability benefits for Chronic Fatigue Syndrome
The CPP, designed to support you after retirement, also covers disability benefits that start once you become disabled and last until you are 65. After that, these disability benefits are converted into regular pensions.In order to be eligible for the CPP disability benefits, you have to have worked for four out of the past six years and paid payroll taxes. The CPP requires you to prove that your disability is both prolonged and severe, leaving you unable to work.
Long-term disability benefits for Chronic Fatigue Syndrome
Group disability insurance policies are the most common type of disability insurances in Canada. If your employer has insured you as part of a group, you are receiving your disability insurance through your job. These group disability insurance policies provide both long-term ad short-term disability benefits.If you are suffering from a chronic form of Lyme disease, you can apply for the long-term disability benefits if eligible. If successful, these will provide you with monthly income payments during long absences from work to take the financial pressure off you.
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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You May Qualify For Legal Assistance
Because the SSD process is complicated and intricate, your best bet is having a lawyer help you file. A Social Security attorney filing your claim makes you nearly 3x more likely to get disability benefits when you apply. Since these attorneys work on contingency, you pay $0 for legal assistance if the SSA doesnt award you a lump-sum cash payment. But if you win, then youll only pay a small, one-time fee.
Ready to see if you may qualify? Click the button below to start your free online benefits evaluation now!
Even The Va Is Still Learning About Chronic Fatigue Syndrome
CFS could be part of a bigger VA disability claim for a higher rating. This official document from the VA talks about CFS being part of a MUCMI claim. A Medically Unexplained Chronic Multisymptom Illness is something that is affecting many soldiers after they come home from the Persian Gulf and other recent conflicts. If you have enough symptoms that point to a MUCMI VA claim, then well present that to the VA instead of just trying to win your claim for chronic fatigue syndrome.
Our staff talks every day with veterans with hard-to-prove disabilities. We know how to work with you, your spouse, and the VA to get you a fair and just hearing. We can even help you appeal a denial and fight for an earlier effective date in case the VA tried you cheat you out of back pay.
combined VA rating and monthly payment
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What Is The Va Disability Rating For Chronic Fatigue Syndrome
If you follow most Google searches, youll find results talking about 38 CFR §4.88a. Government documents as recent as February of 2019 call those documents outdated terminology to refer to this complex disease. That shows that you want to be sure to work with a disability lawyer that keeps up on the current events and changes with VA disability law! Until the government updates their outdated diagnostic criteria, we work within the system to get chronic fatigue VA benefits for the symptoms that can be diagnosed.
38 CFR §4.88b Puts Chronic Fatigue Syndrome in a category with infectious diseases, immune disorders, and nutritional deficiencies. Its schedule number is 6354. They currently define it as Debilitating fatigue, cognitive impairments , or a combination of other signs and symptoms. The level of these symptoms is what decides the level of your rating.
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How Does Va Rate Chronic Fatigue Syndrome
The VA awards disability benefits for chronic fatigue syndrome at different levels based on the severity of your condition. What matters is not the condition itself, but how it affects your ability to work and carry out activities of daily living.
VA disability ratings range from 0 to 100 percent in increments of 10 percent. For chronic fatigue syndrome, the VA will assign you either a 10, 20, 40, 60, or 100 percent rating, depending on how incapacitating your chronic fatigue syndrome is. The 2020 payout amounts for those ratings are as follows:
- 10 percent disability rating
- 20 percent disability rating
- 40 percent disability rating
- 60 percent disability rating
- 100 percent disability rating
Note: Incapacitating in this sense means it requires bed rest and medical treatment. If the VA rates your condition as 30 percent disabling or higher, you can receive additional benefits on behalf of any dependents living at your home, such as your spouse, children, or dependent parents.
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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.
Contact An Experienced North Carolina Ssd Benefits Lawyer
The SSA maintains a list of impairments that are considered so severe that they automatically qualify one for disability benefits as long as all other requirements are met. These conditions are found in the SSAs Blue Book, which describes the medical evidence that is needed to prove the impairment.
You can also be declared disabled if you have a condition that is considered to be equal in severity to a listed impairment.
Even if you dont have a listed impairment or one considered equal in severity to a listed one, you may still be deemed to be disabled if you can show that your medical condition keeps you from working or doing any other type of work.
Allow Hardison & Cochran to put its skill and experience to work for you in seeking disability benefits. In particular, we can help you to gather the medical evidence you need to show you are disabled.
Contact us today and receive a free and immediate review of your case.
For More Information:
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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.
What Is Chronic Fatigue Syndrome
Known as Myalgic encephalomyelitis/chronic fatigue syndrome , chronic fatigue is difficult to diagnose. According to Mayo Clinic, no single test for CFS exists right now, although, as we discussed in a previous blog post, scientists have been working hard to find a biomarker that could isolate CFS.
To further complicate matters, CFS usually includes symptoms that appear very similar to other illnesses, like sleep disorders, medical problems that cause fatigue and mental health issues.
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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.
Potential Harms To Patients
A review in 2019 identified seven possible types of medical harm that patients with CFS may face, and concluded that biopsychosocial model had a focus that was too narrow and did not fit the patient narrative . A UK treatment programme of psycho-behavioral interventions was found to fail to meet the needs of patients with chronic fatigue syndrome, and to lack oversight. A number of different authors have raised concerns about medical harm to patients, particularly resulting from the use of cognitive behavioral therapy as a primary treatment, the use of graded exercise therapy , and delays in diagnosis.
Concerns have also been raised about a clinical trial of the Lightning Process in children, a treatment not approved for use in adults, and a series of publications have been corrected due to inaccurate ethics statements.
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What Are The Symptoms Of Fibromyalgia
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Fibromyalgia is a poorly understood medical condition that doctors once thought was all in the head of the patient. The American College of Rheumatology developed criteria for a diagnosis of fibromyalgia that includes widespread pain in all four quadrants of the body that has lasted for at least three months, 11 out of 18 trigger points and other symptoms that are typically seen.
These symptoms can include:
- Chronic fatigue, and
- Cognitive difficulties.
The American College of Rheumatology approved another set of guidelines in 2010 that includes widespread pain and a scale to measure the severity of symptoms. Physicians may use one or both tests in making the diagnosis.
Many carriers ultimately acknowledge a diagnosis of fibromyalgia but contend it is not disabling. A Functional Capacity Evaluation or other tests may provide objective evidence of how fibromyalgia affects your ability to work on both a physical and a cognitive basis.
