Disability insurance carriers often challenge a diagnosis of fibromyalgia. How Can Disability Insurance Attorneys Dell & Schaefer Assist You?
As disability attorneys, Dell & Schaefer have represented numerous long term disability claimants that have been unable to work as a result of suffering fibromyalgia. Disability Attorneys Dell & Schaefer have an expansive understanding of the significant restrictions and limitations that a person with fibromyalgia must live with on a daily basis. We have worked closely with top physicians in order to sufficiently satisfy a disability carrier’s threshold of evidence necessary to prove that a client is disabled by fibromyalgia.
Not everyone suffering from fibromyalgia qualifies for long-term disability benefits, therefore the medical records of each client must be reviewed to determine the level of restrictions. We welcome the opportunity to discuss your long-term disability claim. You can contact us for a free initial consultation.
In the past several years the courts have accepted fibromyalgia as a disabling condition. Disability carriers often challenge fibromyalgia as a disabling condition due to the lack of objective testing available to verify the diagnosis. While there are objective criteria for a fibromyalgia diagnosis, their simply is no objective test such as blood work, x-ray, ultrasound or an MRI which confirms the diagnosis. The important thing is that a person disabled by fibromyalgia must be able to prove how their level of pain prevents them from being able to work with reasonable continuity. In order to be successful with your claim, a claimant must have a treating physician that is experienced in both treating fibromyalgia and taking detailed notes of how your medical condition causes restrictions and limitations.
What is fibromyalgia?
Fibromyalgia is a chronic condition characterized by widespread pain in the muscles, ligaments and tendons, fatigue and allodynia (a heightened and painful response to pressure).
Fibromyalgia occurs in about 2-4 percent of the population in the United States. Women are much more likely to develop fibromyalgia then men, and the risk of fibromyalgia increases with age. Doctors do not know what causes fibromyalgia. Fibromyalgia symptoms often begin after a physical or emotional trauma, but in many cases there is no triggering event. Fibromyalgia may also be genetic, as the disease tends to run in families, there may be certain genetic mutations that may make a person more susceptible to developing the disorder.
Some researchers believe the pain caused by fibromyalgia centers around a theory called “central sensitization”. This theory states that people with fibromyalgia have a lower threshold for pain because of increased sensitivity in the brain to pain signals. Researchers believe repeated nerve stimulation causes the brains of people with fibromyalgia to change. This change involves an abnormal increase in levels of certain chemicals in the brain that signal pain (neurotransmitters). In addition, the brain’s pain receptors seem to develop a sort of memory of the pain and become more sensitive, meaning they can overreact to pain signals.
How the symptoms of fibromyalgia can affect you
Fibromyalgia isn’t progressive and generally doesn’t lead to other conditions or diseases. It can, however, lead to pain, depression and lack of sleep. These problems can then interfere with your ability to function at home or on the job, or maintain close family or personal relationships. The frustration of dealing with an often-misunderstood condition also can be a complication of the condition.
The pain associated with fibromyalgia is described as a constant dull ache, typically arising from muscles. To be considered widespread, the pain must occur on both sides of your body and above and below your waist.
The American College of Rheumatology has established two criteria for the diagnosis of fibromyalgia: widespread pain lasting at least 3 months and a person must have 11 positive tender points out of 18.
People with fibromyalgia often suffer from sleep disturbances and are rarely able to reach a deep restorative stage of sleep. Sleep disorders that have been linked to fibromyalgia include restless leg syndrome and sleep apnea.
Some people may also exhibit difficulty in swallowing, bowel and bladder abnormalities, numbness and tingling and cognitive dysfunction. The cognitive dysfunction some people experience is commonly referred to as “brain fog” or “fibrofog”. These symptoms are often characterized by impaired concentration, short and long-term memory problems, short-term memory consolidation, impaired speed or performance, an inability to multi-task, cognitive overload and a diminished attention span.
Many people who have fibromyalgia also suffer from co-existing conditions such as; chronic fatigue syndrome, depression, endometriosis, headaches, irritable bowel syndrome (IBD), lupus, osteoarthritis, post-traumatic stress disorder (PTSD) and rheumatoid arthritis.
Resources
There are many valuable sources of fibromyalgia information available. You can also access resources over the internet such as:
- The National Fibromyalgia Association
- National Fibromyalgia & Chronic Pain Association – a great not for profit organization committed to educating patients and the medical community about Fibromyalgia and overlapping conditions
Recently Resolved Cases (34)
- Lincoln National Life Insurance Company overturned previous denial of long term disability benefits for Wyoming Professor
- Standard Approves Disability Benefits to Attorney with Fibromyalgia
- Accountant who was previously on claim for 7 years gets LTD Re-Approved after Appeal to Lincoln Financial Group
- LTD Claim Approved for a Second Time for an Insurance Sales Agent after Prudential Denies Claim Based on Self-Reported Physical Capabilities
- After appeal filed by Attorney Jay Symonds, Sun Life overturned its previous denial of long term disability benefits for Florida ICU Nurse
- After appeal filed by Attorney Jay Symonds, Prudential overturned its previous denial of long term disability benefits for New York Financial Control Officer
- Cigna Approves Disability Benefits to International Sales Manager
- MetLife reverses decision to terminate LTD benefits after Dell & Schaefer files an appeal showing Metlife completely ignored physical conditions of claimant
- After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned its previous denial of short term disability benefits for Colorado Senior Manager
- Reliance Standard Reinstates Benefits for Former Employee of Parent Company, Delphi Financial, Following Successful Appeal
- Mutual of Omaha Reinstates Benefits of Business Development Manager after Appealing the Termination of Her LTD Benefits
- After Being Offered $20,908.56 in Back Benefits and Interest, Attorney Alex Palamara Helps Disabled Nurse Receive $450,213.86 plus $5,000/mo going forward Due to Regulatory Settlement Agreement
- Dell & Schaefer Successfully Appeals Denial of Benefits to Former Inventory Control Specialist
- Dell & Schaefer gets Cigna to Reinstate Long Term Disability Benefits for Former Maryland Teacher Suffering from Crohn’s Disease
- Administrative Appeal by Dell & Schaefer forces Principal Life Insurance Company to Reinstate ERISA Long Term Disability Claim of Former Healthways, Inc. Employee
- Florida Nurse wins long term disability benefits from UNUM after Disability Attorney Alex Palamara wins ERISA Appeal
- Dell & Schaefer ERISA Administrative Appeal Successful: Claimant suffering from Sleep Disorders, Depression and Fibromyalgia Now Receiving Long Term Disability Benefits
- Dell & Schaefer ERISA Administrative Appeal Proves to MetLife that Client is Still Disabled and Claim Not Subject to Certain Policy Limitations
- Cigna reverses its decision to terminate benefits of a claimant with Fibromyalgia, Cervical Spine Spondylosis and Depression
- Nearly Three Years Later, Sedgwick Finally Pays Walgreens’ Pharmacist’s STD and LTD Claim
- Dell & Schaefer Appeal Successful, Cigna reinstates Long Term Disability Benefits for Lockheed Martin Employee
- CIGNA Denies Long-term Disability Benefits to Customer Service Representative with Fibromyalgia
- Lincoln Approves Disability Claim After Multiple Appeals
- Cigna Overturns Decision to Deny Short Term Disability Benefits to Independent Living Coordinator Suffering from Chronic Pain, Lupus, Fibromyalgia and Connective Tissue Disorder
- Alex Palamara’s ERISA Disability Appeal Against Prudential Leads To Reinstatement of Benefits for Woman With Cerebral Aneurysm
- Dell & Schaefer’s Appeal Leads Prudential to Reinstate ERISA Long Term Disability Benefits
- Aetna Denies Disability Benefits after 18 Months of Payment, but Dell & Schaefer wins ERISA Appeal
- CIGNA denies benefits after paying for 10 years, but Disability Attorney Stephen Jessup wins benefits for 60 year old client with fibromyalgia
- Standard Insurance Company reverses disability insurance denial for a disabled lawyer
- $79,000 in long term disability insurance benefits is recovered for disabled teacher
- Disability insurance carrier cuts veterinarian’s benefits after paying for 9 years
- Executive assistant recieves confidential settlement from USAA Life for long-term disability policy
- Podiatrist receives lump-sum buyout at pre-suit mediation with long-term disability insurer
- Teacher suffering from Sjorgen’s syndrome, fibromyalgia and other conditions receives lump-sum buyout following denial of long-term disability benefits
Cases & Claim Tips (91)
- Reliance Termination of Benefits Is Upheld When Evidence Was Conflicting
- Mutual of Omaha Disability Denial Upheld by Appellate Court
- Do Courts Require Objective Medical Tests to Support a Fibromyalgia Diagnosis?
- Can Unum Deny My LTD Benefits After Paying For 15 Years?
- Court Rules Proper Standard of Review is Abuse of Discretion
- Massachusetts court overturns Unum’s decision to terminate disability benefits after paying for nearly ten years
- 7th Circuit Recognizes Chronic Debilitating Effects Of Fibromyalgia
- Federal District Court Overturns Hartford’s Denial of Long Term Disability Benefits
- Hartford Denial of Disability Benefits to Claimant with Fibromyalgia is Reversed!
- Liberty Life Has a Conflict of Interest and Court Orders Reinstatement of Long-Term Disability Benefits
- Hartford Life Abused Its Discretion by Failing to Advise of Need for an FCE
- Washington Court Finds Liberty Erred in Terminating Disability Benefits
- Anthem Disability Claim Denial Reversed by Nevada Court
- Federal Court Orders Anthem Life & Disability, to Reinstate Improperly Terminated Long Term Disability Benefits to a Fibromyalgia Claimant
- Vermont Federal Court Makes ING / Reliastar Reevaluate its Denial of LTD Benefit Under Any Occupation Definition
- Federal Court Orders Aetna to Pay Long Term Disability Benefits to Their Own Employee
- MetLife Denial of Disability Benefits For Woman With Fibromyalgia Remanded By Massachusetts Federal Judge
- Court Remands Fibromyalgia Case for Further Consideration after Finding MetLife Failed to Consider FCE Report and Vocational Evaluation
- After Appeal by Dell & Schaefer, Cigna overturns its decision to deny Short Term Disability Benefits
- Fibromyalgia Claimants are Finally Being Heard: California Court Rules that Prudential May Not Deny Claim Based on Lack of Objective Evidence of Fibromyalgia or Chronic Fatigue Syndrome
- AIG Repeatedly Denies Disability Benefits to a Colorado Woman with Fibromyalgia After Change of Disability Definition
- Claimant with Fibromyalgia and CRPS wins minor victory when U.S. Court of Appeals Vacates Judgment and Remands Case back to Sun Life for Re-evaluation
- Claimant with Fibromyalgia and CRPS Battles Sunlife for 5 Years Seeking Disability Benefits
- MetLife Improperly Applies Limitation For “Neuromusculoskeletal and Soft Tissue Disorder” to Long Term Disability Claim 6
- United of Omaha Life Insurance Co. Denial of Long Term Disability Benefits Reversed By Alabama Judge
- New Research Reveals Potential “Cause” of Fibromyalgia and Objective Test
- Court rules Cigna cannot use 24 month mental health limitation to deny disability benefits 2
- Unum Disability Denial With Medical Record Review Only 2
- California Federal Court Finds That MetLife Abused Its Discretion And Awards Financial Analyst Long-Term Disability Benefits
- New York Federal Court Denies MetLife’s Motion To Dismiss Lyme Disease Victim’s Petition For Disability Benefits 1
- Two Takes on Fibromyalgia
- Hartford Disability Denial of Insurance Agent with Fibromyalgia and Chronic Fatigue is Reversed
- Employees of Staples & Nortel Networks among Four Plaintiffs To Sue Prudential For Wrongful Denial Of Long-Term Disability Benefits
- Wells Fargo disability claimants in Alabama and Florida file lawsuits against Liberty Life Assurance Company of Boston for unpaid long term disability benefits
- Texas claimant takes Reliastar to task for denied disability benefits
- CIGNA under fire in Minnesota Federal Court for termination of claimant’s disability benefits
- Bank of America, Boeing, and Cytec Industries employees file lawsuits against Aetna Life Insurance Company over disability benefits
- Microsoft employee denied disability benefits by Prudential 2
- Microsoft employee forced to sue Prudential for denial of ERISA disability benefits 2
- Disability attorney and client suffering from fibromyalgia and hypertension sue UNUM for unpaid long term disability benefits
- Prudential Insurance Company of America recently sued three times under ERISA for denying disability benefits
- Wisconsin disability attorney and client sue Prudential Life Insurance for its “baseless” denial of ERISA disability benefits 2
- Shaw Industries Group employee suffering with fibromyalgia and lupus sues Unum Life Insurance Company for denial of disability benefits
- 12 years of disability payments paid, but CIGNA suddenly determines claimant can perform sedentary job 20
- Court of Appeals, Seventh Circuit ruled Unum Life Insurance Company Of America is prevented from using Self-Reported Symptoms Limitation Clause to discontinue long term disability benefits payments for woman with fibromyalgia 2
- Law office bookkeeper with lupus and fibromyalgia denied disability benefits by Unum Life Insurance Company of America in Indiana
- Life Insurance Company Of North America denies disability benefits and battles claimant for 4.5 years in Federal Court
- Office medical specialist suffering with fibromyalgia and CFS hires Arizona Disability Attorney to sue CIGNA for denial of disability benefits 2
- CIGNA Group Insurance and Subsidiaries sued in Alabama, New York and Michigan for allegedly acting arbitrarily and capriciously in denying claims for long term disability benefits
- Xerox employee is denied her long term disability benefits and sues Sedgwick and Xerox 7
- Court stops UNUM from denying disability benefits based on the plan’s “Self-Reported Symptoms Limitation” 5
- Unum Insurance claims no object evidence exist and denies disability benefits to St. Anthony Central Hospital nurse suffering from fibromyalgia 2
- Disabled employee of University Of California Davis diagnosed with fibromyalgia sues Liberty Mutual for denial of disability benefits and seeks punitive damages 5
- UNUM denies disability insurance benefits to disabled nurse with fibromyalgia and osteoarthritis 1
- Washington attorney sues CIGNA for denying disability benefits during any occupation stage and seeking to collect SSDI overpayment
- Unum sued for denying disability benefits to Florida woman with fibromyalgia, neuropathy, and hepatitis
- Lincoln Nebraska man suffering from fibromyalgia and chronic fatigue syndrome sues UNUM when he is denied disability benefits
- LINA and CIGNA need to listen to the Federal Courts and stop denying disability insurance claims for people disabled by fibromyalgia
- Federal Court provides 5 reasons CIGNA wrongfully denied disability benefits to man suffering from chronic fatigue syndrome
- The evolution of denying fibromyalgia and chronic fatigue syndrome claims in group long term disability policies 3
- Broadspire Services terminate long-term disability benefits after paying for 8 years
- American United Life Insurance disability denial reversed for woman with fibromyalgia, depression and migraines 4
- Aetna refuses video recording of IME and threatens to deny disability benefits unless claimant agrees to sign IME doctor’s authorization form
- Prudential wrongfully denies disability insurance benefits to man with fibromyalgia
- Does Fibromyalgia Have a Credibility Problem in Disability Insurance Claims?
- Hartford misleads disability insurance claimant’s doctor which results in benefit denial 2
- Court reverses MetLife’s denial of long term disability benefits for graphic designer suffering with fibromyalgia
- Is there new support for fibromyalgia disability insurance claims?
- CNN article discussing disabling chronic pain conditions for women
- Dearborn National/Dearborn Group denies long term disability benefits to woman with fibromyalgia and CFS 3
- Disability attorney wins claim for Chronic Fatigue Syndrome client against Unum Provident (Part II) 1
- Unum Provident denies short-term disability claim to woman with chronic fatigue syndrome (Part I)
- MetLife ordered to reverse denial of long-term disability insurance benefits 14
- Man with fibromyalgia faces Prudential Insurance in appeals court (Part II) 2
- Prudential denies disability benefits to man with fibromyalgia after paying benefits for 10 years
- Liberty Mutual wins long-term disability case because of video surveillance – how District and Appeals Courts drew conclusions (Part II) 3
- Liberty Mutual wins long-term disability case because of video surveillance – Âťbackdrop for an unsuccessful LTD claim (Part 1) 2
- MetLife abused its discretion when it terminated long-term disability benefits
- MetLife terminates long-term disability benefits to woman with fibromyalagia 6
- Reliance Standard makes disability claimant take them to court twice in 5 years
- Reliance Standard is ordered by Arizona Court to pay long-term disability benefits to technology consultant with fibromyalgia
- Federal judge orders Sun Life to re-evaluate long-term disability benefit denial
- Court orders Prudential to re-evaluate long-term disability claim of engineer suffering from chronic fatigue syndrome and fibromyalgia
- Jefferson Pilot ordered to pay disability benefits to clinical director suffering from fibromyalgia, chronic fatigue and depression
- Prudential fails to recognize pain caused by fibromyalgia as a long term disability
- Dell & Schaefer files lawsuit against Cigna in Hawaii to secure short and long-term disability benefits on behalf of pharmaceutical sales representative
- Broadspire and Aetna deny long-term disability benefits to manager suffering from fibromyalgia, arthritis and cervical disc disease
- Judge orders Prudential to pay account manager $90,416 in long-term disability benefits
- Nurse wins opportunity for reassessment of claim with Liberty Life for long-term disability benefits based on her fibromyalgia
- ERISA disability benefits denied by Lumbermens Mutual casualty due to lack of objective evidence
- Objective medical evidence of fibromyalgia may not always be required to prove total disability
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