Collecting Fibromyalgia Disability Benefits Is A Reality

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:

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Disability Company Reviews
(627)
Showing 8 of 627 Reviews
Lincoln Financial

LFG made me lose all hope

Reviewed by C.R. on January 27th 2020   Verified Policyholder
I’ve been out of work since 8/13/18. I was on bereavement dealing with a traumatic death. I had medical issues before but work always interfered and didn’t get time to... read more >
Reply
Sent on January 27th 2020 by Attorney Jay Symonds

C.R., you appear to have a very complicated and complex medical situation as well as difficult claims history. I suggest you contact our office and speak with one of th... read more >

Principal

Principal will do anything not to pay

Reviewed by George on October 7th 2018   Verified Policyholder
Hello, I’m writing this on behalf of my wife. Her vision has degraded to the point that she no longer is able to see a pc screen without extreme headaches within a few m... read more >
Reply
Sent on October 7th 2018 by Attorney Gregory Dell

George, it sounds like your wife is a victim to the very common 24-month denial. It is unfortunate that Principal will not accept the opinions of the numerous doctors w... read more >

Cigna

Cigna denied and said they needed more medical info … wow

Reviewed by Chloe on August 22nd 2018   Verified Policyholder
I was approved for STD by Cigna. It is alot of work, they are very slow etc… Now my STD ends in a few days and LTD called. Stated I was sent Cignas packet for LTD by cer... read more >
Reply
Sent on August 22nd 2018 by Attorney Gregory Dell

Chloe, I am sorry to hear all that you are going through and I am sorry to hear that CIGNA denied your LTD claim. With all that you are describing, it seems benefits sh... read more >

Cigna

Cigna expects me to do a range of motion tests when every time I try to move I want to cry

Reviewed by Bonnie on July 16th 2017   Verified Policyholder
I have fibromyalgia, hashimotos and degenerative disk disease. Cigna just denied my STD claimed because my Dr. did not summit and range of motion report. How is a range of... read more >
Reply
Sent on July 16th 2017 by Attorney Stephen Jessup

Bonnie, if you have a copy of the STD denial letter please feel free to contact our office to discuss how we may be able to assist you in appealing same.

Lincoln Financial

Lincoln Financial denied my benefits because they claim I can work a desk job, even though that is the very job I had to leave previously.

Reviewed by Jo on February 12th 2017   Verified Policyholder
LF called today stating I will no longer draw benefit. I just received SSDI January. I have had no problem with LF UNTIL now been off work 27 months. Claim adjuster said t... read more >
Reply
Sent on February 12th 2017 by Attorney Stephen Jessup

Jo, in order to secure your benefit again you will need to go through the administrative appeal process. Is Lincoln aware you were awarded SSDI? Please feel free to con... read more >

Aetna

Aetna ignored my very detailed medical information and denied my claim

Reviewed by Tanya S on July 21st 2016   Verified Policyholder
I was discontinued LTD after the 24 months, although there was never any question about receiving the LTD prior to that. My doctors notes are all quite detailed, yet they ... read more >
Reply
Sent on July 21st 2016 by Attorney Stephen Jessup

Tanya, it is imperative that you submit your appeal within 180 days of the denial or you could be barred from bringing suit. Please feel free to contact our office to d... read more >

Lincoln Financial

Even though I have enough medical evidence to prove my disability, Lincoln Financial keeps denying my claim.

Reviewed by Kimberly Bower on March 5th 2015   Verified Policyholder
I was diagnosed with Fibromyalgia in 04/2012. I was out of work for quite some time, which I exhausted my FMLA hours. During my my absence I applied for STD with Lincoln F... read more >
Reply
Sent on March 5th 2015 by Attorney Stephen Jessup

Kimberly, FMLA and disability are two completely different reviews, with FMLA being “easier” to get due to federal laws mandating a level of protection for employee... read more >

Lincoln Financial

Lincoln Financial is threatening to deny my benefits because I haven't yet provided them with my restrictions/limitiations as a result of GI complications.

Reviewed by Lisa Rucker on November 25th 2013   Verified Policyholder
Hello, my name is Lisa and I have been on LTD since 2006. When I went out on disability it was for pain management. While I was waiting for an appt. my job terminated me o... read more >
Reply
Sent on November 25th 2013 by Attorney Stephen Jessup

Lisa, unfortunately, entitlement to disability insurance benefits is a month to month evaluation and as such the carrier can request updated claim forms and information... read more >

Answered Questions by Our Lawyers
(11)
Showing 8 of 11 Answered Questions

Q: MetLife: Mental Health and Physical Disabilities

Answered on May 31st 2023 by Attorney Gregory Dell
A: If you have physical disabilities that prevent you from working then you have options to get around the mental... Read More >

Q: What kind of information to be used to support my Fibromyalgia claim when there are no tests/measurements to show how much pain and fatigue I am limited by?

Answered on June 13th 2017 by Attorney Alex Palamara
A: Erin, this is a typical strategy used by disability insurance carriers when it comes to Fibromyalgia. There ar... Read More >

Q: Can MetLife decline my claim on the basis on a pre-existing condition? If they do, will I be in a mess with my employer?

Answered on March 20th 2017 by Attorney Rachel Alters
A: JuJu, if you are not currently covered under any policy and MetLife does insure you under your employer’s pl... Read More >

Q: Since I've been denied SSD will MetLife cancel my benefits (even though dr says I can only work very limited hours)?

Answered on February 17th 2017 by Attorney Stephen Jessup
A: Anthony, the denial of the SSDI will not in and of itself result in a denial of your MetLife claim. However, M... Read More >

Q: How can UNUM’s dr.s make a judgement having never seeing me?

Answered on March 24th 2016 by Attorney Stephen Jessup
A: Donna, typically, Unum would not advise you they are still speaking to your doctors about restrictions and lim... Read More >

Q: Can I reopen my short term that Unum denied?

Answered on October 17th 2015 by Attorney Stephen Jessup
A: Pls, I would send a copy of the LTD award letter to the STD department and demand payment of your benefit. The... Read More >

Q: What can I do if Aetna keeps denying my claim?

Answered on September 21st 2015 by Attorney Stephen Jessup
A: Anita, you will need to appeal Aetna’s denial. Be advised that Aetna only provides for one level of administ... Read More >
Helpful Videos
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Showing 12 of 805 Videos
Disability Benefit Tips
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New Research Reveals Potential "Cause" of Fibromyalgia and Objective Test

The Medical Daily journal recently reported a "breakthrough" regarding research into the cause of Fibromyalgia. Fibromyalgia, as a diagnosis, ... Read More >

The evolution of denying fibromyalgia and chronic fatigue syndrome claims in group long term disability policies

As a disability claimant it is important to be aware of any limited benefit periods which may unfairly limit your benefits to two years. Once ... Read More >

Is there new support for fibromyalgia disability insurance claims?

Unfortunately, there are thousands of people that are disabled and unable to work as a result of suffering from fibromyalgia. Long term disabi... Read More >

Disability Benefit Denial Reason #4 - Your Doctor Is Misled By the Disability Company

When you're seeking disability benefits under a long term disability policy, your medical rec... Read More >

Disability Benefit Denial Reason #3 - Video & Social Media Surveillance

One thing many long term disability claimants don't know about (or expect) from the claims re... Read More >

How Do You Fight a Long-Term Disability Denial?

Getting a denial letter from your disability insurance company is one of the ultimate insults... Read More >

Disability Denial Reason #2 - Change of Disability Definition & Vocational Review

One of the top reasons for terminating a claimant's long term disability benefits involves th... Read More >

Disability Denial Reason #1 – Paper Review & IME

At Dell Disability Lawyers, we've seen insurance companies give countless reasons to deny lon... Read More >
Dell Disability Cases
(359)
Showing 8 of 359 Dell Disability Cases

After Principal Denies Continued Disability Benefits, Attorney Alexander Palamara Gets Claim Reinstated for a Vienna Beef Employee

Our new client was a dedicate employee of Vienna Beef who worked as a Customer Service Representative (a sedentary occupation) since August 20... Read More >

Lincoln National Life Insurance Company overturned previous denial of long term disability benefits for Wyoming Professor

Our client, Ms. D, formerly worked as a professor for at a college. In January 2016 a number of co-morbid physical conditions and ailments for... Read More >

Standard Approves Disability Benefits to Attorney with Fibromyalgia

Fibromyalgia is a multifaceted illness that can affect every aspect of one’s life. While most people are aware of the debilitating pain and ... Read More >

Accountant who was previously on claim for 7 years gets LTD re-approved after Appeal to Lincoln Financial Group

An Accountant for LA County was forced to stop working in 2009 after suffering the crippling effects of Rheumatoid Arthritis, Fibromyalgia, an... Read More >

LTD claim approved for a second time for an Insurance Sales Agent after Prudential denies claim based on self-reported physical capabilities

Despite Prudential’s numerous attempts to deny our client her long term disability benefits, Attorney Alexander Palamara was able to success... Read More >

After appeal filed by Attorney Jay Symonds, Sun Life overturned its previous denial of long term disability benefits for Florida ICU Nurse

Our client, Ms. A, formerly worked as a Nurse in the Intensive Care Unit. In September 2014 a number of medical issues, including chronic pain... Read More >

After appeal filed by Attorney Jay Symonds, Prudential overturned its previous denial of long term disability benefits for New York Financial Control Officer

Our client, Ms. L, formerly worked as a Control Officer for a large financial services institution. In May 2016 a number of medical issues, in... Read More >

MetLife reverses decision to terminate LTD benefits after Dell Disability Lawyers files an appeal showing Metlife completely ignored physical conditions of claimant

The claimant is a 44 year old female who worked as a Campaign Delivery Director for American Express. She was forced to go out of work on disa... Read More >
Disability Lawsuit Stories
(763)
Showing 8 of 763 Lawsuit Stories

Do Courts Require Objective Medical Tests to Support a Fibromyalgia Diagnosis?

In Dana Krysztofiak v. Boston Mutual Life Insurance Co. (Boston), Plaintiff, a registered nurse, was employed as a Clinica... Read More >

Can Unum Deny My LTD Benefits After Paying For 15 Years?

In the case of Michael J. Christoff v. Unum Life Insurance Company of America (Unum), plaintiff was a partner in the firm ... Read More >

Court Rules Proper Standard of Review is Abuse of Discretion

In Christoff v. Unum Life Insurance Company of America, Plaintiff Christoff suffered from severe fibromyalgia. He was insured under a group em... Read More >

Massachusetts court overturns Unum's decision to terminate disability benefits after paying for nearly ten years

In a recent case out of Massachusetts, a federal district court addressed several often contested issues in the area of ERISA including how in... Read More >

California Court Reverses Sunlife Disability Denial for Woman with Fibromyalgia

In this video, disability insurance attorneys Rachel Alters and Gregory Dell discuss a Califo... Read More >

7th Circuit Recognizes Chronic Debilitating Effects Of Fibromyalgia

In Cathleen Kennedy v. The Lilly Extended Disability Plan, plaintiff Cathleen Kennedy, an executive Director of Human Resources, had a hi... Read More >

Federal District Court Overturns Hartford's Denial of Long Term Disability Benefits

In the recent decision of Tobin v Hartford Life & Acc. Ins. Co. a Michigan Federal District Court overturned Hartford’s denial of long t... Read More >

Hartford Denial of Disability Benefits to Claimant with Fibromyalgia is Reversed!

The Six Circuit Court of Appeals reverses a Hartford long term disability benefit denial.... Read More >

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Get Your Disability Application Approved

Our goal is to get your application for disability income benefits approved. Applying for disability benefits can be a difficult process and the information you provide is critical. Most disability insurance companies look at your application in hopes of finding a reason to deny your claim. Your disability company will ask you to complete numerous forms, interview you, request lots of information, speak with your doctors and possibly request to have you examined by their "hired gun" doctor.

Through our experience of having helped thousands of disability insurance claimants, our lawyers will guide you through the entire application process and give you the best chance to get your disability claim approved the first time.

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If your disability insurance benefits have been wrongfully denied, then our lawyers know exactly what it takes to get your disability claim approved. You only get once chance to submit an Appeal, therefore every piece of evidence that will support your disability claim must be included. The goal is to win your disability benefits at the Appeal level, but while preparing your Appeal you must consider how a federal judge will review your disability claim if your benefit denial is upheld.

Preparing a strong disability appeal package is an art that requires you to understand how the courts interpret your disability policy language, ERISA regulations / laws, and how to strategically present evidence in support of your definition of "disability". We encourage you to contact any of our lawyers for a free immediate review of your disability denial.

Sue Your Disability Company

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We have recovered hundreds of millions of dollars for our clients and we would like the opportunity to provide you with a free review of your disability benefit denial. There are many complex factors in a disability benefit lawsuit and the legal battle to win long term disability benefits can be fierce.

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Our law firm offers a reasonable flat fee monthly claim handling service in which we handle every aspect of your long-term disability claim and do whatever it takes to make sure you are paid every month.

Negotiate a Lump-Sum Settlement

Let's discuss if a lump-sum settlement or buyout of your disability insurance claim is both available and makes financial sense for you. Our lawyers have negotiated more than five-hundred million dollars in disability insurance buyouts and we know how to get you a maximum settlement. A disability insurance company is not required to offer a buyout and not every disability company offers them.

Questions About Hiring Us

Who are Dell Disability Lawyers?

We are disability insurance lawyers that know how to get your short or long term disability benefits paid. As a nationwide law firm we have helped thousands of disability insurance claimants throughout the United States to collect hundreds of millions of dollars of disability insurance benefits from every major disability insurance company.

In more than 98% of our cases, our lawyers have been able to either get our clients paid monthly disability benefits or obtain a one-time lump-sum settlement. Our lawyers have seen it all when it comes to disability insurance claims and we know exactly what it takes for your disability claim to be approved.

We welcome you to contact any of our attorneys for a free immediate review of your disability claim. We also invite you to visit and subscribe to our YouTube channel where we have more than 700 videos and regularly provide tips to help protect your disability benefits.

Who do you help?

Our lawyers help individuals that have either purchased a long term disability insurance policy from an insurance company or obtained short or long term disability insurance coverage as a benefit from their employer. We have helped individuals in almost every type of occupation with monthly disability benefit payments ranging from $1,500 to $50,000.

Our clients include all types of employees ranging from retail associates, sales representatives, government employees, police officers, teachers, janitors, nurses, pilots, truck drivers, financial advisors, doctors, dentists, veterinarians, lawyers, consultants, IT professionals, engineers, professional athletes, business owners, and high level executives.

A strong understanding and presentation of the duties of your occupation is essential for securing disability insurance benefits.

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 phone, email, fax, GoToMeeting 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 800-698-9159 or by email. Lawyers 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.