Chronic Fatigue Syndrome Disability Claims

Posted on December 14, 2018 by cjblog

The complicated nature of chronic fatigue syndrome can make filing a disability claim for this condition both challenging and confusing. The main characteristic of CFS is extreme fatigue that cannot be traced to an underlying medical cause. If you have questions about whether you are eligible for chronic fatigue syndrome disability benefits, a disability attorney at the CJ Henry Law Firm, PLLC can help.

How Do Long Term Disability Insurance Companies Evaluate Chronic Fatigue Syndrome Disability Claims?

Because the causes and impact of CFS are often vague and difficult to pinpoint, many insurance companies will refer to CFS disability cases to the Centers for Disease Control (CDC). They rely on the expertise of the organization to examine a request to determine its legitimacy. According to the CDC, the following symptoms must be present:

  • Persistent fatigue with the identifiable date of onset
  • Lack of other identifiable causes or mental conditions
  • Sleep and rest do not alleviate the ailment
  • It is severe enough to interfere with daily activities at home and work

However, there is an additional list of symptoms, of which at least four must also have been present during the previous six months. These include:

  • Struggles with memory and concentration that impact your ability to function
  • Distended lymph nodes located under the arm or neck
  • Muscle and joint aches and swelling
  • A regular sore throat
  • Headaches unlike those experienced before CFS
  • Unsatisfying sleep and continuous sense of malaise

Accurate Medical Records Are Crucial to Your Claim

Unfortunately, all too often people who are suffering from CFS fail to seek medical help at the outset. They often believe it is an issue that will resolve itself. It is only over time that they recognize there is something seriously wrong. We cannot stress enough the importance of seeking medical help as soon as possible. All visits, symptoms, and diagnoses should be accurately chronicled in your medical records. This will be valuable in ensuring you can receive chronic fatigue syndrome disability benefits.

Persons with chronic fatigue syndrome are usually unable to meet the expectations of their employment. Their only choice may be long-term disability benefits (LTD). Upon receipt of the application for chronic fatigue syndrome disability benefits the insurance company will examine the request and then decide the validity of the claim according to their LTD guidelines.

The insurance company will base its decision on your medical records as well as information gathered from the application process itself.

Understanding Long Term Disability and CFS

Under most policies, an individual has a disability if he or she is unable to perform expected duties of their job during years one and two of the policy and are unable to perform work of nearly any type of employment after that. This may vary among policies, so you should know the LTD expectations for chronic fatigue syndrome disability according to your company.

What You Need to Provide the Insurance Company

The best way to ensure a successful claim is to have available confirmation of CFS according to clinical or laboratory findings that are medically acceptable. The insurance company may rule on your claim based on this alone. Even so, to be awarded chronic fatigue syndrome disability you should provide the following:

  • All information regarding the existence, severity, and duration of the illness
  • Complete medical records from all providers you have worked with
  • A complete medical history with all related clinical and laboratory findings to include both longitudinal records and notations
  • A before and after explanation of your medical condition before and after the onset of CFS
  • An authentic assessment by the physician of your current work capabilities as well as functional limitations for mental and physical labor

Insurance companies will pay for various records up to a certain amount.

Documented Symptoms of CFS

You have a better chance of securing a chronic fatigue syndrome disability award if you can medically verify the following symptoms:

  • Atypical MRI
  • Abnormal sleep verified through studies
  • Epstein Barr test showing positive for the virus
  • Swollen lymph nodes with no underlying cause
  • Documented evidence of a sore throat, as well as muscle and joint pain.

Validation of a case of CFS is difficult in even in cases with significant evidence. Winning a chronic fatigue syndrome disability can be both a long and time-consuming process.

Speak to a Disability Attorney Today

Contact CJ Henry Law Firm to speak to an experienced attorney who can help you navigate your chronic fatigue syndrome disability claim.

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