Fibromyalgia Disability Claims

Nationwide Counsel for Fibromyalgia LTD Claimants

Fibromyalgia (or just “fibro”) disability claims are among the hardest claims to prove because the symptoms of this health condition can be subjective and difficult to diagnose. In many aspects, researchers are still struggling to fully understand this complex medical condition. Filing a long-term disability claim with an insurance company will be challenging for these reasons and more. 

If you want to take the uncertainty out of the process, though, you can team up with an experienced disability insurance attorney from Dabdoub Law Firm. We focus our entire practice on the representation of disability insurance claimants nationwide, never insurance companies, so you know that you can trust us with a case as important as yours.

Get reliable legal guidance for a fibromyalgia long term disability claim. Call (800) 969-0488to get started with a free consultation. Remember: We help clients anywhere in the U.S.

Is Fibromyalgia Considered a Disability?

Yes, fibromyalgia can be disabling, and regulations under ERISA recognize it as a disabling condition. Fibro affects the brain and nervous system, which can cause issues in the entire body and lead to total disability, making it very difficult to work in any occupation. Common impairments from fibromyalgia that lead to long term disability include:

• Widespread pain
• Fatigue
• Brain fog
• Digestive issues
• Sleep difficulties 
• Headaches

Data shows that women are more likely to be diagnosed with fibromyalgia than men, too. The problem is that it is a difficult disability to prove because there is no singular test that shows a patient has fibro beyond any doubt. In other words, there is no blood test or imaging that can be done to confirm someone has fibro. Most often doctors have to rule out other conditions and consider fibro when there has been widespread for at least 3 months. 

There are many causes of fibro, such as:

• Immune system deficiencies
• Hormone imbalances
• Genetic dispositions
• Traumatic events or injuries

How Insurers Handle Fibro LTD Claims

An insurance company’s hired doctors will likely dispute the fibromyalgia diagnosis or downplay the severity of the symptoms because they know that it is difficult to diagnose and prove the symptoms are impairing the person’s ability to work.   Disability insurance companies like to push back on these types of claims, even if your doctor fully supports your disability, too. 

While lab work, doctors’ opinions, medical records, and letters from friends and family sent in with your claim can help support your case, it is highly recommended that you hire a disability insurance lawyer with expertise in handling fibromyalgia claims because they  will know how to properly review and gather  supportive evidence.

Some of the evidence we use to prove fibromyalgia is disabling includes:

• Letters and questionnaires from your treating providers
• Functional capacity evaluation to demonstrate restrictions and limitations from pain and fatigue
• Cognitive testing to demonstrate brain fog
• Personal statements from you, family and friends describing what day-to-day life is like
• Independent medical evaluations and peer review reports to corroborate the diagnosis and reports of subjective symptoms 

Furthermore, since fibromyalgia symptoms may vary, your insurance company might approve the claim initially, only to terminate your long-term disability benefits during a period of infrequent flare-ups. You and your doctor might know that fewer flare-ups do not mean the condition has been cured or even improved, but the insurance company doctors might see things that way. The insurer’s doctor will probably conduct a review of your fibro symptoms and medical record, and, without ever examining you in person, decide that you are not disabled.

Fibro LTD Claim Denials & Appeals

ERISA, the federal law that governs most long-term disability insurance policies and claims, has specific rules for filing an appeal or lawsuit if a claim is denied. Under ERISA rules, after receiving a long-term disability claim denial, you must first submit an appeal to your disability insurance company before you can file a lawsuit in court. The time frame during which you must appeal and provide medical information supporting your case and the existence of your fibromyalgia is strict—typically 180 days from the date of the denial letter.  If you fail to meet this deadline, your case may be barred forever. In many cases, once the disability insurance company makes its final decision about your disability claim, no more medical evidence can be provided, too. This makes the long term disability appeal the most important stage of a claim soIt is very important to leave such complicated steps up to Dabdoub Law Firm.

Call Our Fibro LTD Lawyers Now

Our long term disability attorneys from Dabdoub Law Firm have helped countless clients across the country with their fibromyalgia disability claims. We have handled cases from initial filings and medical research stages to litigation in court. No matter what complexities might come up in your case, like the strict deadlines under ERISA that you and the insurance company have to follow, you can be sure that we’ll be ready to fight for you.

See how we can help you pursue the disability benefits owed to you as someone who is living with disabling fibromyalgia. We handle cases nationwide, against every major insurance company. Call (800) 969-0488 now.