Consult A Long Term Disability Or Personal Injury Lawyer
Because disability claims for this type of condition can be very difficult to obtain, men and women with it need to focus on working with a long term disability attorney who can provide guidance and support. At Diamond & Diamond Lawyers, we can answer all of your questions about disability claims related to this syndrome or other underlying medical conditions that may help you receive financial support.
We will help you to have the proper medical documentation showing your doctor has ruled out any other underlying medical condition and that it is likely to last for a long period of time and makes you unable to work. You will likely need to show that you are unable to do normal work, such as the work you have done prior. You also need to have well-documented evidence of your condition. Our team can help you to get that and much more to support you in this process!
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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 2x more likely to get disability benefits on your first try. Since these attorneys work on contingency, you pay $0 for legal assistance if the SSA wont approve your claim. But if you do 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!
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.
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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.
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.
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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.
Winning Social Security Disability Benefits For Chronic Fatigue Syndrome By Equaling A Listing
To determine whether you are disabled at Step 3 of the Sequential Evaluation Process, the Social Security Administration usually considers whether your impairment is severe enough to meet or a listing. The Social Security Administration has developed rules called Listing of Impairmentsfor most common impairments. The listing for a particular impairment describes a degree of severity that the Social Security Administration presumes would prevent a person from performing substantial work. If your impairment is severe enough to meet or equal the listing, you will be considered disabled.
The Social Security Administration has no listing for chronic fatigue syndrome. Since CFS is not a listed impairment, you cannot be cannot be found to meet a listed impairment based on your CFS alone. However, the specific findings in your case should be compared to any pertinent listing to determine whether medical equivalence may exist. In other words, you may be entitled to Social Security disability benefits if the severity of your condition equals an existing listing for a different impairment.
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% Disability Rating For Chronic Fatigue Syndrome
With a 100% VA rating, your CFS is likely so debilitating that your daily routines and activities are almost completely restricted.
Essentially, this means that the more severe your CFS symptoms are, the higher the VA rating you will receive. The VA disability rating for CFS largely depends on the frequency, severity, and duration of your symptoms. Common signs and symptoms of CFS include:
- Loss of memory or concentration
- Low-grade fever
- Unexplained muscle or joint pain
- Sleep disturbances
- Enlarged lymph nodes in your neck or armpits
If you are suffering from chronic fatigue syndrome as a result of your military service, you will likely be able to get VA disability benefits. You will need to prove your diagnosis and that the CFS is service-related before you can start receiving benefits.
If you are a veteran who has been diagnosed with PTSD and you are now suffering from chronic fatigue syndrome, the two may be related. In some cases, if you can prove that your CFS is caused by your service-connected PTSD this may be enough to establish a service connection for your CFS.
Winning Disability Benefits For 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.
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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.
How Do I Get Fibromyalgia Disability Benefits
Chronic fatigue syndrome/fibromyalgia can make it difficult, if not impossible, to do things around your home and work. If you no longer can work or your doctor has told you to apply for disability before you apply for benefits, you should:
Getting these things in order before the application, as well as hiring an experienced disability attorney, will ensure a smoother process when filing your fibromyalgia disability benefits claim.
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Please Answer A Few Questions To Help Us Determine Your Eligibility
Chronic fatigue syndrome is a condition that causes severe and ongoing tiredness that is not improved by rest and does not result from another underlying disease. The exact cause of CFS is unknown, though theories include exposure to the Epstein-Barr virus or a disruption in the body’s immune system. Age, gender, exposure to prior illnesses, and stress are also thought to play a role.
In addition to fatigue, CFS symptoms can include sore throat, headache, low-grade fever, painful joints, memory or concentration problems, swollen glands, and generalized muscle weakness. CFS has also been known as chronic fatigue and immune dysfunction syndrome and myalgic encephalomyelitis .
Medically Documenting A Long Term Disability Insurance Claim
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.
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Still Denied Request A Hearing
If your claim is still denied after reconsideration, you can ask for a hearing, which will be heard by an administrative law judge.
If you haven’t already, this may be the point at which you want to get an attorney who specializes in disability claims. You and your attorney can then plead your case in person and the judge can call witnesses. You’ll also be able to look at your file and present new evidence.
Important:You could have to wait several months or even a couple of years until your hearing, depending on where you live.
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.
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Chronic Fatigue Syndrome And Disability Benefits
When ailments cannot be seen on a microscope slide or conclusively diagnosed through standard testing, it can be very difficult to obtain Social Security disability benefits. One condition that can be difficult to detect, diagnose and demonstrate to the Social Security Administration is chronic fatigue syndrome. While sufferers endure very real symptoms, the process of applying for benefits can be very challenging.
At the Disability and Injury Law Offices of David R. Machek, we offer experienced and strategic advocacy to help our clients apply the benefits they need and deserve.
The Social Security Administration relies heavily on objective tests to determine whether a person suffers a disability significant enough to warrant benefits. If such tests dont exist, it is important to develop other evidence to make a case for an award of benefits.
Our attorney understands the unique challenges presented by ailments such as chronic fatigue syndrome when attempting to secure Social Security Disability benefits. Social Security has a ruling on the documentation of chronic fatigue syndrome that includes some objective standards. One of the objective criteria is a positive blood test for the Epstein-Barr virus.
You may also suffer from chronic fatigue syndrome if you have any of the following symptoms: major depression, excessive sleep, fatigue, loss of memory or concentration, sore throat, swollen or tender lymph nodes, unexplained muscle pain or headaches.
Cfs Has A Few More Alternatives Names
Some of the common terms which overlap with CFS-like conditions are below.
ME may refer to a version of CFS where muscle and joint pain symptoms are related to neurological problems. It may also be referred to as fibromyalgia .
Note, ME is a serious disease, not a diagnosis of exclusion and something to be lightly taken.
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Post-Viral Fatigue Syndrome
PVFS has a concrete cause a viral disease. So, before going to a hospital, make a list of recent illnesses youve suffered from. Its not hard to detect such condition, while CFS is a tough case.
Can you imagine how many guidelines a doctor should check before making a similar conclusion? For example, recurrent sore throat vs PVFS. It is easy for your doctor to slip the diagnosis during his 15 min chat.
Chronic Fatigue Immune Dysfunction Syndrome
CFIDS includes possible autoimmune disorders when your own immunity takes action against your body. There are still many studies and unexplained statements, but the cause stays simple blood cells dont recognize normal and healthy tissue.
Lets look into more details to understand what really causes the body system to make you so tired in the case of CFS.
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