• Fibromyalgia Disability Insurance Claim Help & InformationFibromyalgia Disability Insurance Claim Help & Information
  • Fibromyalgia: Are Courts Starting To Favor Long Term Disability Claimants?Fibromyalgia: Are Courts Starting To Favor Long Term Disability Claimants?

Fibromyalgia Disability Insurance Benefits Claim

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:

Read 34 Recently Resolved Cases

  1. Lincoln National Life Insurance Company overturned previous denial of long term disability benefits for Wyoming Professor
  2. Standard Approves Disability Benefits to Attorney with Fibromyalgia
  3. Accountant who was previously on claim for 7 years gets LTD Re-Approved after Appeal to Lincoln Financial Group
  4. LTD Claim Approved for a Second Time for an Insurance Sales Agent after Prudential Denies Claim Based on Self-Reported Physical Capabilities
  5. After appeal filed by Attorney Jay Symonds, Sun Life overturned its previous denial of long term disability benefits for Florida ICU Nurse
  6. After appeal filed by Attorney Jay Symonds, Prudential overturned its previous denial of long term disability benefits for New York Financial Control Officer
  7. Cigna Approves Disability Benefits to International Sales Manager
  8. MetLife reverses decision to terminate LTD benefits after Dell & Schaefer files an appeal showing Metlife completely ignored physical conditions of claimant
  9. After appeal filed by Attorney Jay Symonds, Mutual of Omaha overturned its previous denial of short term disability benefits for Colorado Senior Manager
  10. Reliance Standard Reinstates Benefits for Former Employee of Parent Company, Delphi Financial, Following Successful Appeal
  11. Mutual of Omaha Reinstates Benefits of Business Development Manager after Appealing the Termination of Her LTD Benefits
  12. 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
  13. Dell & Schaefer Successfully Appeals Denial of Benefits to Former Inventory Control Specialist
  14. Dell & Schaefer gets Cigna to Reinstate Long Term Disability Benefits for Former Maryland Teacher Suffering from Crohn’s Disease
  15. Administrative Appeal by Dell & Schaefer forces Principal Life Insurance Company to Reinstate ERISA Long Term Disability Claim of Former Healthways, Inc. Employee
  16. Florida Nurse wins long term disability benefits from UNUM after Disability Attorney Alex Palamara wins ERISA Appeal
  17. Dell & Schaefer ERISA Administrative Appeal Successful: Claimant suffering from Sleep Disorders, Depression and Fibromyalgia Now Receiving Long Term Disability Benefits
  18. Dell & Schaefer ERISA Administrative Appeal Proves to MetLife that Client is Still Disabled and Claim Not Subject to Certain Policy Limitations
  19. Cigna reverses its decision to terminate benefits of a claimant with Fibromyalgia, Cervical Spine Spondylosis and Depression
  20. Nearly Three Years Later, Sedgwick Finally Pays Walgreens’ Pharmacist’s STD and LTD Claim
  21. Dell & Schaefer Appeal Successful, Cigna reinstates Long Term Disability Benefits for Lockheed Martin Employee
  22. CIGNA Denies Long-term Disability Benefits to Customer Service Representative with Fibromyalgia
  23. Lincoln Approves Disability Claim After Multiple Appeals
  24. Cigna Overturns Decision to Deny Short Term Disability Benefits to Independent Living Coordinator Suffering from Chronic Pain, Lupus, Fibromyalgia and Connective Tissue Disorder
  25. Alex Palamara’s ERISA Disability Appeal Against Prudential Leads To Reinstatement of Benefits for Woman With Cerebral Aneurysm
  26. Dell & Schaefer’s Appeal Leads Prudential to Reinstate ERISA Long Term Disability Benefits
  27. Aetna Denies Disability Benefits after 18 Months of Payment, but Dell & Schaefer wins ERISA Appeal
  28. CIGNA denies benefits after paying for 10 years, but Disability Attorney Stephen Jessup wins benefits for 60 year old client with fibromyalgia
  29. Standard Insurance Company reverses disability insurance denial for a disabled lawyer
  30. $79,000 in long term disability insurance benefits is recovered for disabled teacher
  31. Disability insurance carrier cuts veterinarian’s benefits after paying for 9 years
  32. Executive assistant recieves confidential settlement from USAA Life for long-term disability policy
  33. Podiatrist receives lump-sum buyout at pre-suit mediation with long-term disability insurer
  34. Teacher suffering from Sjorgen’s syndrome, fibromyalgia and other conditions receives lump-sum buyout following denial of long-term disability benefits

Read 91 Lawsuit Summaries

  1. Reliance Termination of Benefits Is Upheld When Evidence Was Conflicting 
  2. Mutual of Omaha Disability Denial Upheld by Appellate Court 
  3. Do Courts Require Objective Medical Tests to Support a Fibromyalgia Diagnosis? 
  4. Can Unum Deny My LTD Benefits After Paying For 15 Years? 
  5. Court Rules Proper Standard of Review is Abuse of Discretion 
  6. Massachusetts court overturns Unum’s decision to terminate disability benefits after paying for nearly ten years 
  7. 7th Circuit Recognizes Chronic Debilitating Effects Of Fibromyalgia 
  8. Federal District Court Overturns Hartford’s Denial of Long Term Disability Benefits 
  9. Hartford Denial of Disability Benefits to Claimant with Fibromyalgia is Reversed! 
  10. Liberty Life Has a Conflict of Interest and Court Orders Reinstatement of Long-Term Disability Benefits 
  11. Hartford Life Abused Its Discretion by Failing to Advise of Need for an FCE 
  12. Washington Court Finds Liberty Erred in Terminating Disability Benefits 
  13. Anthem Disability Claim Denial Reversed by Nevada Court 
  14. Federal Court Orders Anthem Life & Disability, to Reinstate Improperly Terminated Long Term Disability Benefits to a Fibromyalgia Claimant 
  15. Vermont Federal Court Makes ING / Reliastar Reevaluate its Denial of LTD Benefit Under Any Occupation Definition 
  16. Federal Court Orders Aetna to Pay Long Term Disability Benefits to Their Own Employee 
  17. MetLife Denial of Disability Benefits For Woman With Fibromyalgia Remanded By Massachusetts Federal Judge 
  18. Court Remands Fibromyalgia Case for Further Consideration after Finding MetLife Failed to Consider FCE Report and Vocational Evaluation 
  19. After Appeal by Dell & Schaefer, Cigna overturns its decision to deny Short Term Disability Benefits 
  20. 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 
  21. AIG Repeatedly Denies Disability Benefits to a Colorado Woman with Fibromyalgia After Change of Disability Definition 
  22. 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 
  23. Claimant with Fibromyalgia and CRPS Battles Sunlife for 5 Years Seeking Disability Benefits 
  24. MetLife Improperly Applies Limitation For “Neuromusculoskeletal and Soft Tissue Disorder” to Long Term Disability Claim  6
  25. United of Omaha Life Insurance Co. Denial of Long Term Disability Benefits Reversed By Alabama Judge 
  26. New Research Reveals Potential “Cause” of Fibromyalgia and Objective Test 
  27. Court rules Cigna cannot use 24 month mental health limitation to deny disability benefits  2
  28. Unum Disability Denial With Medical Record Review Only  2
  29. California Federal Court Finds That MetLife Abused Its Discretion And Awards Financial Analyst Long-Term Disability Benefits 
  30. New York Federal Court Denies MetLife’s Motion To Dismiss Lyme Disease Victim’s Petition For Disability Benefits  1
  31. Two Takes on Fibromyalgia 
  32. Hartford Disability Denial of Insurance Agent with Fibromyalgia and Chronic Fatigue is Reversed 
  33. Employees of Staples & Nortel Networks among Four Plaintiffs To Sue Prudential For Wrongful Denial Of Long-Term Disability Benefits 
  34. Wells Fargo disability claimants in Alabama and Florida file lawsuits against Liberty Life Assurance Company of Boston for unpaid long term disability benefits 
  35. Texas claimant takes Reliastar to task for denied disability benefits 
  36. CIGNA under fire in Minnesota Federal Court for termination of claimant’s disability benefits 
  37. Bank of America, Boeing, and Cytec Industries employees file lawsuits against Aetna Life Insurance Company over disability benefits 
  38. Microsoft employee denied disability benefits by Prudential  2
  39. Microsoft employee forced to sue Prudential for denial of ERISA disability benefits  2
  40. Disability attorney and client suffering from fibromyalgia and hypertension sue UNUM for unpaid long term disability benefits 
  41. Prudential Insurance Company of America recently sued three times under ERISA for denying disability benefits 
  42. Wisconsin disability attorney and client sue Prudential Life Insurance for its “baseless” denial of ERISA disability benefits  2
  43. Shaw Industries Group employee suffering with fibromyalgia and lupus sues Unum Life Insurance Company for denial of disability benefits 
  44. 12 years of disability payments paid, but CIGNA suddenly determines claimant can perform sedentary job  20
  45. 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
  46. Law office bookkeeper with lupus and fibromyalgia denied disability benefits by Unum Life Insurance Company of America in Indiana 
  47. Life Insurance Company Of North America denies disability benefits and battles claimant for 4.5 years in Federal Court 
  48. Office medical specialist suffering with fibromyalgia and CFS hires Arizona Disability Attorney to sue CIGNA for denial of disability benefits  2
  49. 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 
  50. Xerox employee is denied her long term disability benefits and sues Sedgwick and Xerox  7
  51. Court stops UNUM from denying disability benefits based on the plan’s “Self-Reported Symptoms Limitation”  5
  52. Unum Insurance claims no object evidence exist and denies disability benefits to St. Anthony Central Hospital nurse suffering from fibromyalgia  2
  53. Disabled employee of University Of California Davis diagnosed with fibromyalgia sues Liberty Mutual for denial of disability benefits and seeks punitive damages  5
  54. UNUM denies disability insurance benefits to disabled nurse with fibromyalgia and osteoarthritis  1
  55. Washington attorney sues CIGNA for denying disability benefits during any occupation stage and seeking to collect SSDI overpayment 
  56. Unum sued for denying disability benefits to Florida woman with fibromyalgia, neuropathy, and hepatitis 
  57. Lincoln Nebraska man suffering from fibromyalgia and chronic fatigue syndrome sues UNUM when he is denied disability benefits 
  58. LINA and CIGNA need to listen to the Federal Courts and stop denying disability insurance claims for people disabled by fibromyalgia 
  59. Federal Court provides 5 reasons CIGNA wrongfully denied disability benefits to man suffering from chronic fatigue syndrome 
  60. The evolution of denying fibromyalgia and chronic fatigue syndrome claims in group long term disability policies  3
  61. Broadspire Services terminate long-term disability benefits after paying for 8 years 
  62. American United Life Insurance disability denial reversed for woman with fibromyalgia, depression and migraines  4
  63. Aetna refuses video recording of IME and threatens to deny disability benefits unless claimant agrees to sign IME doctor’s authorization form 
  64. Prudential wrongfully denies disability insurance benefits to man with fibromyalgia 
  65. Does Fibromyalgia Have a Credibility Problem in Disability Insurance Claims? 
  66. Hartford misleads disability insurance claimant’s doctor which results in benefit denial  2
  67. Court reverses MetLife’s denial of long term disability benefits for graphic designer suffering with fibromyalgia 
  68. Is there new support for fibromyalgia disability insurance claims? 
  69. CNN article discussing disabling chronic pain conditions for women 
  70. Dearborn National/Dearborn Group denies long term disability benefits to woman with fibromyalgia and CFS  3
  71. Disability attorney wins claim for Chronic Fatigue Syndrome client against Unum Provident (Part II)  1
  72. Unum Provident denies short-term disability claim to woman with chronic fatigue syndrome (Part I) 
  73. MetLife ordered to reverse denial of long-term disability insurance benefits  14
  74. Man with fibromyalgia faces Prudential Insurance in appeals court (Part II)  2
  75. Prudential denies disability benefits to man with fibromyalgia after paying benefits for 10 years 
  76. Liberty Mutual wins long-term disability case because of video surveillance – how District and Appeals Courts drew conclusions (Part II)  3
  77. Liberty Mutual wins long-term disability case because of video surveillance – Âťbackdrop for an unsuccessful LTD claim (Part 1)  2
  78. MetLife abused its discretion when it terminated long-term disability benefits 
  79. MetLife terminates long-term disability benefits to woman with fibromyalagia  6
  80. Reliance Standard makes disability claimant take them to court twice in 5 years 
  81. Reliance Standard is ordered by Arizona Court to pay long-term disability benefits to technology consultant with fibromyalgia 
  82. Federal judge orders Sun Life to re-evaluate long-term disability benefit denial 
  83. Court orders Prudential to re-evaluate long-term disability claim of engineer suffering from chronic fatigue syndrome and fibromyalgia 
  84. Jefferson Pilot ordered to pay disability benefits to clinical director suffering from fibromyalgia, chronic fatigue and depression 
  85. Prudential fails to recognize pain caused by fibromyalgia as a long term disability 
  86. Dell & Schaefer files lawsuit against Cigna in Hawaii to secure short and long-term disability benefits on behalf of pharmaceutical sales representative 
  87. Broadspire and Aetna deny long-term disability benefits to manager suffering from fibromyalgia, arthritis and cervical disc disease 
  88. Judge orders Prudential to pay account manager $90,416 in long-term disability benefits 
  89. Nurse wins opportunity for reassessment of claim with Liberty Life for long-term disability benefits based on her fibromyalgia 
  90. ERISA disability benefits denied by Lumbermens Mutual casualty due to lack of objective evidence 
  91. Objective medical evidence of fibromyalgia may not always be required to prove total disability 

Leave a comment or ask us a question

There are 36 comments

  • Shelley, pre-existing condition will only come into play if you have been insured under 12 months. If you get SSDI you will have an overpayment that you will owe to Unum. Unum would pay the difference if you are still disabled under the policy.

    Rachel AltersOct 31, 2019  #36

  • I just ended STD and now waiting for UNUM to approve LTD. I was diagnosed with Fibro many years ago but I had to stop working due to recent diagnosis of CFS and Allodynia. My type of work is high stress requires a high functional brain. The Cognative issues caused by CFS has created high stress and depression, anxiety is so bad while working.

    A few questions:
    1. I have had the insurance for many years, would they deny me under preexisting conditions?
    2. I applied for SSDI, just Incase I don’t improve, if I get approved for SSDI do I have to pay UNUM back from the start of my STD?

    3. If approved for SSDI my payments are a lot less than LTD, would UNUM pay any difference es through the length of my LTD policy?

    The policy is very difficult to read through. Is there terminology I need to look out for to help me with these questions?

    Thank you!

    ShelleyOct 31, 2019  #35

  • Ann, typically, the only policy you can file a claim on is the policy that is in effect at the time you become disabled. Under most LTD policies, Disabled/Disability means that you are unable to perform the duties of your own occupation (or any occupation). Though you were diagnosed under the old policies, if you continued to work and now have coverage under a new policy as you are still working, the policy you are covered on while you are still working is likely the policy that you would need to file a claim on. But please be aware that most group policies will not cover a pre-existing condition if you have been covered under the policy for less than 12 months. If you have a copy of the new LTD policy from your new employment, we will gladly offer a free consultation to discuss its parameters with you. If you need help with your claim, please do not hesitate to contact us.

    Alex PalamaraMar 25, 2018  #34

  • I teach and moved to a new district this year. I have maintained disability insurance without lapse for the last four years, but I know that my new policy does not pay for preexisting conditions. I have fibromyalgia-diagnosed 9 years ago, IBS-diagnosed 29 years ago, osteopenia-diagnosed 2 years ago, chronic kidney disease stage 2-diagnosed 2 years ago, chronic migraines, occipital neuralgia-diagnosed 2018 but seen by doctors for symptoms before moving and changing insurance carriers in August, ACDF neck surgery c5-7 2017, kidney cysts-diagnosed 2 years ago, plantar fasciitis-diagnosed 4 years ago, thoracic and lumbar bulging discs, carpal tunnel right wrist and hip pain. I am 56 years old and 4.5 years from retirement. I live in constant pain and fear that I won’t be able to teach much longer.

    Can I apply for LTD through the carrier I had when I was diagnosed with these conditions? Or does it have to be through the current carrier? Or do I even have a disability case? The constant pain is wearing me down tremendously. The migraines and ON worsened after falling twice in September and hitting my head and jerking my neck.

    AnnMar 24, 2018  #33

  • Carol, from your information it sounds as if your claim is for Social Security disability. If that is the case, please be advised that we do not handle SSDI claims – only claims under private policies. That being said, we can assist you in contacting attorney who may be able to take your SSDI claim.

    Stephen JessupFeb 18, 2018  #32

  • I am working with a lawyer but I am not very confident in her ability to get this pushed thru. I’ve done all of the legwork for medical records and research… all she keeps telling me is that I’m probably not sick enough… feeling like I should get a new lawyer before they schedule the hearing… How do I find one that is good with fibro cases?

    CarolFeb 17, 2018  #31

  • Mary, if you have a disability insurance policy please feel free to contact our office to discuss how we can assist in filing a claim under the policy. However, if you did have a policy and your benefits were terminated upon the loss of your job there may be a limited amount that can be done. If you do not have, or never had a private or employer provided disability policy your only potential option would be to file a claim for Social Security disability.

    Stephen JessupApr 26, 2017  #30

  • Hi, I am a 47 year old woman that suffers from fybromyalgia, no thyroid, copd, diabetes 2 and high blood pressure. I resantly lost a job working in a preschool do to fybro fog. I was having a very bad day and could not concentrate on my job. I ended up leaving a child unattended with out realizing I had done it. He was not alone for long but it scares me to think what could have happened. I have more bad days then good and find it hard to concentrate on my task. Please give me advise on what to do to possibly get disability.

    Mary R.Apr 24, 2017  #29

  • Todd, it would sound like your carrier is looking to find a reason to deny your claim. Please feel free to contact our office to discuss your claim, rights, and what can be done to continue to protect your disability benefit.

    Stephen JessupSep 27, 2016  #28

  • Good evening in December of 2013 I had an accident that I feel I first went to chiropractor and after about 10 day’s I was feeling even worse so I went to my primary DR at Kaiser they sent me to a back specialized he the 1st MRI January 16 2014 which show L2. 3 2MM bulge disk with minlde stenosis but did nothing about my neck shoulders arms ect ect
    They give me 2 or 3 shots in my lower back area that did nothing to release the pain he referred me to physical therapy and acupuncture also I’ve been going to the chiropractor the whole time
    In December 2015 my pain management Dr finally does a exray on neck and shoulders 20 minutes after leaving the doctor’s office they immediately called me and want me to come right back for an MRI I can’t make back that day so the next morning I go get a MRI c3-c4
    C5-C6 secondary 2MM broad bace paracentral sac moderately to significant narrowing of both Neural foramina C6-C7 2MM paracentral posterior disk causing pressure over the anterior aspect of the thecal sac
    I have also been diagnosed with fibromyalgia sleep apnea insomnia anxiety depression panic attacks been going to the doctor for two-and-a-half years
    I have a long-term own occupation Disability Policy to 67 and now my disability company after a year-and-a-half is sending me to 2 IME one for 2 hours and one for 7 hours
    I’m not very comfortable with there actions

    What are your thoughts

    Todd R.Sep 24, 2016  #27

  • Donna, when was the claim denied? You do have rights to appeal the denial. Please feel free to contact our office to discuss how we may be able to assist you.

    Stephen JessupMay 10, 2016  #26

  • I have been receiving LTD from UNUM for the last 9 years or so now they say they are closing my claim because they feel I am no longer quailified. My condition hasn’t changed but actually gotten worse. I am currently being treated by my family physician who has sent them my limitations and I have been started with a Rheumatoligist who I have seen twice. The VA who I saw 9 years ago I have stopped seeing because I am now longer qualified to see them because of a divorce. I don’t know what to do I cannot work I know that I have panic and anxiety issues but the pain is also a huge problem. I don’t sleep well and am on medications to help with that but it isn’t working. I have trouble getting out of bed, off the couch and even problems with lifting and holding things with my hands. My sed rate has been evelvated for years and I just don’t know what to do. Social Security just recently did a review and consider me still disabled and I called UNUM telling them I will go see the Rhuematologist again for the restrictions and UNUM said that may not make a difference because they take the whole picture into consideration and their Drs. who have never seen me say I can work. I don’t understand how can my own dr. not be considered? This anxiety is making things worse and I can’t afford an attorney, I don’t know where to turn.

    DonnaMay 6, 2016  #25

  • Sophie, unfortunately, as we do not represent you we would not be able to give you specific advice as to how to avoid the application of a pre-existing condition clause in the policy. If you have a copy of your policy please feel free to contact our office so we can look at the pre-existing language to determine if there is any assistance we can provide.

    Stephen JessupMar 8, 2016  #24

  • Currently out on FMLA due to jaw pain and headaches due dental occlusion problems and eating properly. Lost 25 pounds. I’m thin, lack stamina. In addition to this problem I have a back injury and take pain meds. Also insomnia and meds for that and chronic anxiety. See the doctor every month.
    Question is how to I get around the pre existing clause of 90 days. I have worked for company for a year prior to insurance eligibility which was Nov 1 of 2015. My FLMA started November 22 of 2015. So my insurance coverage began November 1.

    My jaw problem consult was in September but treatment began in October.

    I don’t think migraines are part of my medical record nor is depression. I’m just wondering what to claim as my primary disability to stay out of the pre existing area.

    I’m cognitive impairmented at this point with pain, lack of sleep and weight loss.

    Any advice would be appreciated.

    SophieMar 8, 2016  #23

  • Denise,

    Please feel free to contact our office at any point. We get involved during monthly claims handling, in advance of any potential denials, as well as handle administrative appeals and litigation.

    Stephen JessupNov 14, 2015  #22

  • Have had fibromyalgia, disc degenerative disease amongst spinal issues and cfs. I’ve been in LTD with Hartford for 13 yrs. I’m 50. They did the interview with video of me going to dr appointment. Then reapproved me after their intimidating bullying. 3 yrs later and they’re at it again…interview, videos. Now they’re sending me to ime in December. I recorded this last interview, and it was such a joke that Hartford actually apologized for sending him out. My son was here ate him up and spit him out. I’m going to videotape the ime. Question: at what point do you get involved if I’m wanting to attain your services, and what’s protocol on your end from here?

    DeniseNov 13, 2015  #21

  • Hal,

    Most policies require that you be covered for at least 12 months prior to being able to file a claim for pre-existing conditions. You will need to refer to your policy to determine what coverage for pre-existing conditions your employer’s policy provided.

    Stephen JessupSep 11, 2015  #20

  • I have a pre-existing (2007-present) condition of Fibromyalgia, Hidradenitis Supertiva (HS) and newer diagnosis of Anxiety.

    I am looking to see if I can qualify for STD and/or LTD. My Fibro & HS has become more and more worse to the point of misery. I am on medication but it isn’t touching the problems and isn’t giving relief. I am now experiencing Memory issues and severe feelings of overwhelmedness. Since it is pre-existing, am I able to apply for STD and/or LTD? My insurance offers it. Please advise, as I am fearful that I will lose my job and want to make the right decision now.

    HalSep 10, 2015  #19

  • Diane,

    Under many Unum policies Social Security Retirement disability is an offset of your monthly benefit. You will need to review your policy. If it lists the aforementioned Unum would have the right to offset your disability benefit.

    Stephen JessupFeb 25, 2015  #18

  • I receive monthly long term benefits from Unum, they contacted Social Security to make sure I wasn’t getting SSD. I became disabled in May 13, 2013, I was on short term disability on Nov 2013, long term began.

    I need to know if Unum can withheld half of the amount they pay me because I took my Social Security Retirement in June 2013, not SSD.

    Thank you and I’m sorry it took me so long to do this,
    Diane

    DianeFeb 24, 2015  #17

  • Renee,

    Unum would still be entitled to seek repayment of any overpayment for benefits paid that overlap with a period SSDI is paying benefits. If your claim was denied in January did you ever appeal the decision as the 180 day deadline to file same has passed.

    Stephen JessupNov 16, 2014  #16

  • I have Unum as my disability insurance company. As of January they stopped paying me due to fibromyalgia. They had me apply for social security and I was just approved. Now, I have received a backpay lump sum. Rightfully, they should still be paying me until I am 65. I am 61. Would they still require the back pay or could I try to fight them in court for my forward pay? Help, please!

    ReneeNov 15, 2014  #15

  • TL,

    The likelihood is that the carrier is creating the argument it will use to deny LTD benefits as it is typically at the LTD stage that the carrier is responsible for issuing benefits. Please feel free to contact our office to discuss how we may be able to assist you.

    Stephen JessupOct 8, 2014  #14

  • I’ve been on Short Term Disability for 5 months. I am now in my last month of eligibility and now the STD insurer is pending and trying to deny my final month of benefit citing “no objective medical findings” and also stating that the fact that I’m only 37 and have pain and headaches does not justify me to continue to be off of work. It’s as if they are completely ignoring my diagnosis of fibromyalgia and all of the symptoms that I have reported to mz doctor, whom I have seen every 30 days. I am a healthcare professional and well aware that there are no objective findings for fibromyalgia and fibromyalgia pain and headaches are not your typical everyday pain and headache. What I don’t understand is why they have approved me each month prior and wait until my last month of eligibility to try to deny me. I am also in the process of applying for LTD and SSD. I have tried working with fibromyalgia for quite some time and the condition has just gotten progressively worse and the pain and migraines are constant and debilitating. This company does not seem to be taking my physician’s statement of limitations and office notes seriously. Do you have any suggestions on anything else that I can do_ Do you think that me writing a letter would help any? What should I say?

    TLOct 7, 2014  #13

  • Leah,

    Insurance companies don’t often send claimants to IMEs, so there does stand a chance that they are just building their case to deny your benefit. Please feel free to contact our office to discuss how we may be able to assist you.

    Stephen JessupJul 15, 2014  #12

  • In February I found out I had Nutcracker Syndrome add that to the Fibromyalgia, depression and anxiety I already was dealing with, I was having a very rough time and had been feeling ill for some time. Went to Vascular Surgeon and had to have a procedure done to see what was going on so stopped working. Work advised me to go on short term disability so I did. The insurance company has been horrible to deal with just about the whole time even though I was going above and beyond with what I needed to give them and sent emails with clinic notes after each doctor visit. They threatened to cancel at least once, asking for information I had already gave them. Short term ended and I was still not able to work so they said they would go ahead and get me started on long term – two months later we are still nowhere. I just did an IME and have to do see an independent psychologist exam at the end of the month. We all know how those go and 99% of the time they use it to deny benefits. They have not been treating me right this whole time and I feel that I should have received some long term disability money by now. I feel like the Insurance company is playing games with my livelihood and I feel it needs to be rectified. Since they are making me do those independent exams, does that mean my chances are over and I should just start the process for SSI instead?

    LeahJul 14, 2014  #11

  • Laura,

    Unfortunately, if your doctor is not willing to certify disability there is little that can be done. The only other option you may be able to explore is seeking new medical treatment from a doctor who would be willing to certify your disability.

    Stephen JessupJun 3, 2014  #10

  • Hi… I have fibromyalgia, migraines, depression and I still have back issues even though I have had back surgeries and I have a neurostimulater in my back. I am trying to apply for short term disability through work but I am having an issue with my doctor taking me off so that I am not denied for it because my doctor did not take me off. I have used up my fmla so this is the next step. My doctor has said that I should quit my job but yet she says she will not approve taking myself off because I am in pain all the time. I sit all day and I type all day. My fingers swell up due to the fibro. and I cannot type well anymore. I am tired all the time and my medicines can make me sleepy sometimes. I also do have insomnia. What can I do to get my doctor to be able to prove I have these issues and get her to approve me off on STD? She has referred me to a fibro. clinic but the hours I would need to go are during the hours I work and the3re is no way I can make these hours up. I am a single mom and I need to keep money coming in due to owning my own house.

    Laura Lynn S.Jun 3, 2014  #9

  • Rene,

    It is imperative to let Standard know of the recent diagnosis as I would suspect your policy has a two year limitation for mental health conditions that is fast approaching. Please feel free to contact our office to discuss how we may be able to assist you in securing your benefit beyond any two year limited benefit period.

    Stephen JessupJan 28, 2014  #8

  • Hello,

    I have had a claim with The Standard Insurance company for almost 2 years. I was diagnosed with major depressive disorder, anxiety and agoraphobia. I have since been found to be treatment resistant.

    Recently, I was diagnosed with fibromyalgia. I had never focused on any of my physical issues during these 2 years for 2 reasons:

    1) I thought the most important issue to deal with was the depression because it was the one that scared me, and

    2) Because of the number of symptoms, I was afraid of being considered a hypochondriac.

    I believe there are 2 symptoms that I had discussed with my primary care physician BEFORE I was diagnosed with depression. I even went to physical therapy for one.

    With a 2 year limitation on mental illness my LTD insurance will be ending soon.

    I am wondering if, because I haven’t been treated for my other symptoms (which are severe) if you think I would have a basis to appeal the termination of my benefits. It is quite possible that the mental health issues are just another symptom of fibromyalgia.

    I have kept a journal off and on since my depression diagnosis that does include descriptions of other symptoms but I don’t know if that would be of any use to an appeal.
    Any comments or advice would be greatly appreciated.

    Rene PhillipsJan 28, 2014  #7

  • Suzanne,

    It is imperative to be actively treating with a doctor for your fibromyalgia or you will have a very difficult time trying to secure any benefits beyond the 2 year period Lincoln is paying you benefits under. Please feel free to contact us for a free consultation to determine how we may be able to assist you.

    Stephen JessupOct 25, 2013  #6

  • Hello – I am a RN who has been on LTD approaching the 2 year limitation for treatment resistent depression with Lincoln Financial. I also have fibromyalgia. The symptoms that are most debilitating are physicial exhaustion, I can’t concentrate, can’t think clearly and am forgetful, I have difficulty carrying on conversations, I have trouble finding the right words to say. I am unable to take care of any commitments or responsibilities. I am simply overwhelmed by the smallest things. My symptoms are so unpredictable that I find myself unable to get out of bed on some days. If I am active one day and go to an appointment or manage to clean a room or vacume, I end up sleeping the next day and laying around the day after that. I can’t stand long enough to do the dishes most days. I have been barely getting by with lack of energy and ability to focus on what’s important. (fibro fog?) Physically, my legs and arms get weak if I stand very long or lift my arms up like to do the dishes for more than 5 minutes. walk from one end of the house to the other and have to sit down and rest.

    Over the past year my symptoms have become completely debilitating. I am giving you the details of symptoms I have been dealing with that in no way are related to depression. Emotionally, I am depressed other than for the loss of my once active and productive and successful life earning a six figure income. I have basically ignored the fibromyalgia component of my illness and have not challenged the insurance company about the fibro diagnosis. I told my insurance rep about 1 1/2 years ago about my Rheumatologist and fibromyalgia and that he didn’t have those records and he stated that because the fibro was not part of the reason for my disability claim it was irrelevent and not to send the records. The fact that my medical issues have not been resolved in any way with treatment for depression, I would think means they are related to fibro. I just have not focused on that, I did what I had to do to keep the depression claim going, going to my psych and therapist.

    In thinking back, I was in an auto accident many years ago with a lumbar disc injury and my treating physician then told me based on an exam that I had fibre. I didn’t think much of it. I have an appointment with this physician from years ago on Monday and I think he will document well. I was again told I had fibro by a chiropracter and acupuncturist, at different times several years ago. I just didn’t have the exhaustion, memory, anxiety, poor sleep, etc, etc. then, just very painful trigger points.

    Since this is ERISA should I notify them by letter and then if they deny and I need an appeal call you? My 2 year limitation will be paid as of 10/31/2013. I know, very late notice. If so, how much info? Should I put in the letter? Do I need representation now? I filed for SSDI in July and it is pending. I have not worked for 2 1/2 years.

    Thank you for reading this.

    Sincerely,
    Suzanne

    SuzanneOct 24, 2013  #5

  • Jennifer,

    I am sorry to hear of your troubles. With respect to insurance, specifically any disability related insurance, if you do not have any employer or private insurance in place your only option will be to apply for SSDI. With respect to any health insurance, I would not be able to give you any suggestions on how to secure same.

    Stephen JessupAug 21, 2013  #4

  • I have had Fibromyalgia for at least 20 years. I will be losing my insurance the end of Sept. through my state once my child has turned 19. I can not afford other insurance, even the HIRSP plan that we have is more expensive than I can afford as I can not work a full time job. I am currently in school trying to make a better life for myself and even that takes all of the energy I have and then some. I can not take the Lyrica and Cymbalta because I am allergic to them. I do have medications that I take to at least take the edge off of the pain most times but once I have no insurance, I have no medications. This is truly a very bleak scenario for me. Do you have any suggestions?

    Jennifer BrownAug 20, 2013  #3

  • Lynette,

    Without a copy of the policy that would govern any disability claim it would be impossible to advise you of your options. If you don’t have a copy of your policy, I would suggest obtaining one. Please feel free to contact our office for a free consultation so we can review the policy and discuss your options.

    Stephen JessupJun 17, 2013  #2

  • I am in a terrible battle with my employer, the IRS. This is the second time they have tried to take away my FMLA time from me. I filed a grievance with my Union the first time and won. To make a long story short, they are trying to force me out. I am considering filing for disability because if I get fired I will loose my medical insurance and my pension. I have a long history of Fibro with my Rheumatologist. My biggest fear is how will I survive during the waiting period. Can I work at all while I am waiting? I am single and therefore am my sole support. Any answers you have would be greatly appreciated.

    Lynette StoneJun 16, 2013  #1

FAQ

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.

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 (no attorney fee or cost unless we make a recovery), 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.

Do I have to come to your office to work with your law firm?

No. For purposes of efficiency and to reduce expenses for our clients we have found that 99% of our clients prefer to communicate via telephone, e-mail, fax, GoToMeeting.com sessions, or Skype. If you prefer an initial in-person meeting please let us know. A disability company will never require you to come to their office and similarly we are set up so that we handle your entire claim without the need for you to come to our office.

How can I contact you?

When you call us during normal business hours you will immediately speak with a disability attorney. We can be reached at 800-682-8331 or by email. Lawyer and staff must return all client calls same day. Client emails are usually replied to within the same business day and seem to be the preferred and most efficient method of communication for most clients.

Dell & Schaefer Client Reviews   *****

Celestine D.

I am a 61 year old Senior Business Analyst. I had been working at a health insurance company for approximately 11 years when I became disabled and have had numerous, bulging disks, nerves that were severely impinged, and active arthritis and degenerative disk disease throughout my spine. I underwent back surgery for L1 thru L5 infusion which included insertion of 2 titanium rods and 6 pins. I continue to undergo physical therapy 3 xs per week. Not to mention the surgery left me worse than before the surgery considered a FAILED BACK SURGERY. I’m unable to sit or stand for more than 2 hours with getting up. I am unable to walk for more than 1 city block. I also have many other medical conditions. After collecting LTD from Lincoln Financial for about 3 years, the harassment began. They decided that I was no longer disabled. In short they felt I was capable of returning back to the work force. (Social Security Disability deemed me permanently disabled)

After fighting with Lincoln and exhausting my appeals I decided to research and hire an attorney. I selected Dell & Schaefer based on their website, case success statistics, and the speed at which they returned my calls and emails.

Let me tell you, my experience in working with Rachel Alters and her assistant Michal Mizrahi is nothing short of outstanding. They responded quickly to phone calls and emails and were mindful of my concerns and information needs. Talking with the both of them made me feel confident and assured they were doing the best for me. I cannot say enough good things about Michal. She anticipated my needs and was proactive in keeping me informed as my case progressed. What a TEAM they make. Any time I reached out with questions or concerns they were very responsive and always left me feeling satisfied that I had the best in my corner. Rachel is an angel. She is so down to earth compassionate, professional and trustworthy attorney. Rachel was there to guide me from the start and helped me get through this stressful and lengthy process.

While attempting to handle it on my own, my long-term-disability claim had been denied two previous times. With the help of Rachel Alters and her team, I was able to obtain a settlement I never would have been able to get without their assistance. Rachel and her team far exceeded my expectations in every capacity. She was focused, clear, responsive, efficient and above all exceedingly knowledgeable.

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