Chronic Fatigue Syndrome And Ltd Claims
A claim for long-term disability benefits may arise from an injury or illness and the illness can be a psychological or physical illness, or a combination of both.
Chronic Fatigue Syndrome is an illness that may render a person unable to work.
CFS is a complex disorder that is characterized by extreme fatigue unexplained by any underlying medical condition. The fatigue associated with CFS can worsen with physical activity and may not be diminished or improve with rest.
No single test can diagnose or prove that a person has Chronic Fatigue Syndrome.
According to the Fibromyalgia-Chronic Fatigue Syndrome Canada Compassion in Action website, CFS is also known as Myalgic Encephalomyelitis and is a complex and serious illness that affects many body systems. Due to persistent fatigue, CFS causes a reduction of previous levels of activity. According to the FM-CFS site, in order for a diagnosis of Chronic Fatigue Syndrome to be made, a person has to meet specific criteria.
As a result of ongoing fatigue and other symptoms associated with CFS, a person may experience difficulties with the essential tasks of his or her occupation and require a prolonged absence from work, resulting in a long-term disability claim.
What Are Your Fees
Since we represent disability insurance claimants at different stages of a disability insurance claim we offer a variety of different fee options. We understand that claimants living on disability insurance benefits have a limited source of income therefore we always try to work with the claimant to make our attorney fees as affordable as possible.The three available fee options are a contingency fee agreement , hourly fee or fixed flat rate.In every case we provide each client with a written fee agreement detailing the terms and conditions. We always offer a free initial phone consultation and we appreciate the opportunity to work with you in obtaining payment of your disability insurance benefits.
% 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
- 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.
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It Is Difficult To Get Social Security Disability Benefits For Cfs But Heres 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, itâs critical that you request an opinion from your treating doctor regarding your work-related limitations.
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Cfs Has A Few More Alternatives Names
Some of the common terms which overlap with CFS-like conditions are below.
Myalgic Encephalopathy
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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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:
- 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.
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What Are The Symptoms Of Chronic Fatigue Syndrome
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Like fibromyalgia, there is no known cause or gold standard test for a diagnosis of chronic fatigue syndrome . The nine official signs and symptoms include:
- Unrefreshing sleep, and
- Extreme exhaustion that lasts more than 24 hours after physical or mental exercise.
It is crucial that you provide the result of a Functional Capacity Evaluation or cognitive testing that objectively documents your functional limitations.
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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.
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.
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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
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An experienced lawyer can help you to decide the best steps to move forward in your case for long term disability.
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.
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Chronic Fatigue Syndrome Disability Claims For Medical Professionals
Chronic Fatigue Syndrome is a fairly common yet serious, complex, and long term disease. It can be brought on by other diseases and disorders, such as sleep disorders, hormone disorders, or mental health disorders. Healthcare workers suffering from this disease may have a Chronic Fatigue Syndrome disability claim. Do not let an insurance company unjustly prevent you from obtaining disability insurance benefits. Seltzer & Associates routinely works with clients and insurance companies nationwide to ensure our clients receive the benefits they are due.
What Is Reasonable Accommodation
If you qualify as disabled under the ADA, you have the right to ask for reasonable accommodations from your employer.
A reasonable accommodation is any change to your job or work environment that gives you equal access to employment. Examples of reasonable accommodation for symptoms of FMS or ME/CFS may include:
- Part-time or modified work schedules
- Changing tests, training materials or policies
- Providing written, instead of verbal, instructions
- Reassignment to a vacant position
- Adjustable lighting
- Relocation of a workstation to a more appropriate location
Itâs up to you, not your employer, to come up with what accommodations would help you do your job better.
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Ssdi Benefits Possible For Sufferers Of Chronic Fatigue Syndrome
While applying for and receiving Social Security Disability Insurance benefits is a challenging process in itself, it is even more difficult for sufferers of Chronic Fatigue Syndrome . It is possible for eligible people with CFS to receive SSDI benefit awards, however, after showing they have a medically determinable impairment, according to Social Security Administration requirements.
Iv How Do We Evaluate A Persons 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.
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Chronic Fatigue Syndrome & Long
Chronic fatigue is often debilitating enough to prevent sufferers from doing important professional or recreational activities. However, in order for ME/CFS to qualify you for monthly disability insurance benefits, there are certain requirements you must satisfy.
Firstly, you must have purchased a short- or long-term individual disability insurance policy, or have a group short and/or long-term disability group policy. Consulting with a disability insurance attorney about this self-reported syndrome and the specific provisions of your policy is the best way to find out whether youll be eligible for compensation.
If youre insured, you must secure a medical diagnosis from a suitably qualified healthcare professional before applying for monthly disability insurance benefits. While there is no single test for chronic fatigue syndrome, a physician will be able to diagnose you and objectively outline your functional limitations with specificity. You must have some of the hallmark symptoms of chronic fatigue for a period of at least six months to meet this rule out diagnosis.
Staying Financially Healthy With Chronic Fatigue Syndrome
So, can your long-term disability insurance policy keep you out of financial trouble if you receive a diagnosis of chronic fatigue syndrome? It might, depending on the nature, treatment and duration of your condition and the wording of your policy. The best way to find out whether youll be entitled to monthly disability insurance benefits arising from chronic fatigue is to seek legal advice from a trusted long-term disability attorney.
At DarrasLaw, we can offer you a free initial case review and analysis of your individual or employer-sponsored policy. If youve already filed an ERISA disability claim only to have your insurer reject it, we can help plan your next move. Contact us today to learn more about how our can help you today.
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Accommodating Employees With Myalgic Encephalomyelitis/chronic Fatigue Syndrome
People with ME/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 ME/CFS 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.
Disability Attorney Files Suit Against Unum For Improperly Denying Short Trerm Disability Claim For Subjective Illness Chronic Fatigue Syndrome
Seeking to recover the short-term disability benefits due her, Strope filed suit on September 15, 2006. Her disability attorneys case would stand or fall based upon his ability to show that the medical records demonstrated that his client did indeed have a subjective illness that cannot be substantiated by objective medical tests. Would he be successful? Read more about the results of this case in Part II: Disability attorney wins claim for Chronic Fatigue Syndrome client against Unum Provident.
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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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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.
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Why Cavey Law Is The Right Attorney To Fight For Your Cfs Disability Claim
Nancy Cavey, whose father became disabled when she was a teenager, knows first hand how difficult it is to make the decision to stop work and apply for the disability benefits you have been paying for! Her father struggled for years before making that decision.
Nancy Cavey can
review your disability insurance policy or plan and explain what you must do to get both your short and long disability benefits for CFS or Epstein-Barr,
guide you through the decision to stop work and help you file your claim for short- and long-term disability benefits,
explain any subjective medical condition or limited benefit clauses in your policy or plan and discuss a strategy for addressing these limitations,
submit your disability insurance application, appeal a wrongful denial or termination, file a lawsuit in federal court, and negotiate a lump sum.
Call today at 727-894-3188 for a free consultation and learn more about your rights to your disability insurance benefits regardless of where you live in the U.S.
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Do You Work In My State
Yes. We are a national disability insurance law firm that is available to represent you regardless of where you live in the United States. We have partner lawyers in every state and we have filed lawsuits in most federal courts nationwide. Our disability lawyers represent disability claimants at all stages of a claim for disability insurance benefits. There is nothing that our lawyers have not seen in the disability insurance world.
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