Get Answers To Frequently Asked Questions
Our team has prepared a list of some of the frequently asked questions. Read them below!
What Is Chronic Fatigue Disability?
This is a disease in which the affected person can experience sleeping troubles, unexplained fatigue and pain, and many other symptoms that vary from person to person.
Can I Claim Insurance Benefits for It?
Many insurance companies have their doctors who check you and will disregard CFD as an issue. Most of them will be orthopaedics or general physicians with no knowledge or understanding of CFD. Make sure you consult a specialist and get proper reports so that you can support your claims with hard evidence.
What Are the Symptoms of Chronic Fatigue Disability?
Here are some of the symptoms of CFD that you should look out for:
- Difficulty with memory and focus
- Getting exhausted even from mild chores
How Can a Chronic Fatigue Disability Lawyer Help You?
A professional lawyer can have one on one sessions with you and offer proper advice at every level. They will gather all the information about your disability, including medical reports and prescriptions. They will try to establish your disability in front of the authorities to get your disability benefits.
If you still have any questions about chronic fatigue disability, make sure that you give us a call.
Contact Ludwar Law Firm
To discuss how chronic fatigue syndrome has affected your work life, contact Ludwar Law Firm today.
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Basic Requirements For Disability
In addition to the medical finding that you are unable to work, above, you must not be earning $1,310 per month from working, and your illness must prevent you from working for at least a year. In addition, if you’re applying for SSDI, you must have worked long enough for employers who pay taxes to Social Security. For more information, see SSDI requirements.
If you’re applying for SSI, you don’t need a qualifying work history, but you do need to be of limited meansâyou must meet Social Security’s low income and asset tests. For more information, see SSI requirements.
An Me/cfs Claimant Should Not Participate In A Standard Functional Capacity Evaluation Scheduled By The Ltd Insurer
Private LTD insurance companies often try to schedule standard functional capacity evaluations performed in ME/CFS cases) to determine whether an ME/CFS claimant has the physical capacity to work. Use of the FCE for that purpose has been discredited for a variety of reasons 25.
On February 20, 2019, Richard Podell, M.D. conducted a search of the National Library of Medicine database searching keywords: Functional Capacity Evaluation, Chronic Fatigue Syndrome and located 11 citations and found there were zero studies published that claim to demonstrate any validity for the FCE as standardly used to predict or certify whether a person with chronic fatigue syndrome is well enough to be able to work. Dr. Podell has written extensively on the topic and has useful information on his website regarding documenting disability in ME/CFS cases26.
If an LTD carrier demands the ME/CFS claimant attend a standard FCE, a treating physician should prepare a letter explaining any deleterious effect that test will have on the patient’s health. The most common effect of a prolonged standard FCE is post exertional malaise, and exacerbation of other physical and cognitive ME/CFS symptoms27.
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Get Your Medical Records
You’ll need to get a copy of your medical records, as well as multiple other records, to submit your claim anyway, but it’s a good idea to get them as soon as you start considering a claim.
Look over your records, if possible, with your healthcare provider. More than one person has been surprised to find that their records do not actually list their diagnoses. If that’s the case, you’ll need to have your practitioner add the correct information to your records.
You may have to pay for records, so be sure to ask your healthcare provider’s/clinic’s policies.
Living With Me And Pots
While there currently is no cure for either condition, treatment options for my POTS have also reduced some of my ME symptoms. These include increasing my daily intake of both salt and fluids, pacing of energy levels and trial and error with various different medications under my consultant.
I was very lucky to attend an ME/CFS clinic whilst at university, and was offered a series of sessions with an Occupational Therapist who helped me learn about energy pacing and making my daily routine less energy intensive. Although my physical results were minimal, I greatly appreciated being able to talk through the limiting effects of my ME with someone. The greatest improvements in my health have been due to effective treatment of my POTS.
I have been incredibly lucky that the severity of my symptoms have reduced so much. In the past couple of years I have been able to go for walks again, slowly building up my tolerance to being upright, and have been able to enjoy doing things that for a while had been impossible.
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Disability And Chronic Fatigue Syndrome: Clinical Legal And Patient Perspectives
What are VitalSource eBooks?
Routledge & CRC Press eBooks are available through VitalSource. The free VitalSource Bookshelf® application allows you to access to your eBooks whenever and wherever you choose.
- Mobile/eReaders Download the Bookshelf mobile app at VitalSource.com or from the iTunes or Android store to access your eBooks from your mobile device or eReader.
- Offline Computer Download Bookshelf software to your desktop so you can view your eBooks with or without Internet access.
- System requirements for Bookshelf for PC, Mac, IOS and Android etc.»
Most VitalSource eBooks are available in a reflowable EPUB format which allows you to resize text to suit you and enables other accessibility features. Where the content of the eBook requires a specific layout, or contains maths or other special characters, the eBook will be available in PDF format, which cannot be reflowed. For both formats the functionality available will depend on how you access the ebook .
Nice Withdraws Landmark Me/cfs Guidance
The National Institute for Health and Care Excellence has withdrawn long-awaited landmark guidance on ME at the last minute after it came under pressure from medical groups.
Myalgic Encephalomyelitis also known as Chronic Fatigue Syndrome is a hidden disability thought to affect over a quarter of a million people in the UK. The condition results in pain, brain fog, sensory overwhelm, and a persistent loss of energy, frequently resulting in patients needing to take to bed to rest for long periods. It is poorly understood, with no recognised cure, and with very little offered to patients in the way of treatment.
The guidance had been welcomed by patient groups and charities representing people with the condition, as it set out that the condition is a medical illness, and not a psychological problem, as some people believe. The guidance also withdrew support for Graded Exercise Therapy one of the few interventions offered as a form of treatment. GET is in essence incrementally increased exercise, which many patients feel makes their impairments and energy levels worse, not better and withdrew support for Cognitive Behavioural Therapy , the psychological talking therapy which has also been offered as a treatment.
NICE said: It has become apparent that a number of professional groups are unwilling to support the guidelines.
The further delaying of this guidance is a suckerpunch to people who are already, quite literally, flat on our backs.
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Iv How Do We Evaluate A Person’s Statements About His Orher Symptoms And Functional Limitations
Generally, we follow a two-step process:
First step of the symptom-evaluation process. There mustbe medical signs and findings that show the person has anMDI which we could reasonably expect to produce thefatigue or other symptoms alleged. If we find that aperson has an MDI that we could reasonably expect toproduce the alleged symptoms, the first step of our two-step process for evaluating symptoms is satisfied.
What Causes This Chronic Condition
The cause of Chronic Fatigue Syndrome is unknown however, there are a few theories as to what may cause this condition. Some people have developed CFS after having a viral infection like Epstein Barr virus, Herpes virus 6, and mouse leukemia virus, but there has been no conclusive evidence. Most people with CFS seem to have an impaired immune system which is thought to possibly be the cause of having CFS. Another theory is a hormonal imbalance because elevated hormones are seen in the blood work of those who have CFS, but the importance of this is unknown as well. Even without a definitive cause of the disorder there are noted risk factors including being between the ages of 40-50, difficulty managing stress, and women are more commonly diagnosed .
Living with Chronic Fatigue Syndrome can have a huge impact on a persons life and those around them. Simple tasks that we take for granted every day may cause great exhaustion for those with CFS. This disorder can also lead to more complications like depression, social isolation, lifestyle restrictions, and an increase in absences from work/school.
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Vi How Do We Consider Cfs In The Sequential Evaluationprocess
We adjudicate claims involving CFS using the sequentialevaluation process, just as we do for any impairment. Oncewe find that an MDI exists , we mustestablish the severity of the impairment. We determinethe severity of a person’s impairment based on thetotality of medical signs, symptoms, and laboratoryfindings, and the effects of the impairment, includingany related symptoms, on the person’s ability to function.Additionally, several other disorders may sharecharacteristics similar to those of CFS. When there isevidence of the potential presence of another disorder thatmay adequately explain the person’s symptoms, it may benecessary to pursue additional medical or other development.As mentioned, if we cannot find that the person has an MDIof CFS but there is evidence of another MDI, we will notevaluate the impairment under this SSR. Instead, we willevaluate it under the rules that apply for that impairment.
Step 1. We consider the person’s work activity. If aperson with CFS is doing substantial gainful activity, wefind that he or she is not disabled.
Continuing disability reviews. In those cases in whichwe find that a person is disabled based on CFS, we willschedule an appropriate continuing disability review. Forthis review, we take into account relevant individual casefacts, such as the combined severity of other chronic orstatic impairments and the person’s vocational factors.
EFFECTIVE DATE: This SSR is effective on April 3, 2014.
Except for statutory blindness.
Understanding Chronic Fatigue Syndrome
Chronic Fatigue Syndrome , also known as ME , is a long-term health condition that affects adults and children. There are many different symptoms of chronic fatigue, and it manifests in different ways for different people, but it is most commonly recognised as extreme tiredness.
Roughly 17 million people worldwide live with Chronic Fatigue Syndrome, facing varying degrees of challenges because of it. This article will explore what Chronic Fatigue Syndrome is, how it affects peoples working lives, and what we can do to support sufferers at work.
Many people can relieve the symptoms of CFS and even make a full recovery over time. However, for others, CFS is something that you learnt to manage and live with over time. It is also common for people to experience periods where it is better and others worse.
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What Chronic Fatigue Syndrome Symptoms Does The Ssa Look For
The SSA also counts on the Centers for Disease Control and Prevention to evaluate CFS cases. To receive a diagnosis, you must experience these symptoms for at least six months:
- Muscle pain
- Tender or enlarged lymph nodes
- Sleep that doesnt refresh you
- Headaches that differ from the ones you had from before developing chronic fatigue syndrome
- A generally unwell feeling that lasts for 24 hours after any mental or physical exertion
Many people with CFS also suffer from related health issues, such as anxiety or depression. These mental health issues can also make it harder for you to work 40 hours every week. If you struggle to get along with coworkers or frequently arrive late, say that on your SSD application.
Is Chronic Fatigue Syndrome A Disability
Chronic Fatigue Syndrome can cause a host of ongoing physical and cognitive symptoms that can result in long term disability. These symptoms can be particularly distressing because they do not improve with rest. Individuals with CFS may be confined to their bed for days or weeks following even low levels of exertion. Your insurance company will want to know all of your symptoms so it can better understand how and why they prevent you from working.
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Chronic Fatigue Syndrome And The Americans With Disabilities Act
The ADA does not contain a list of medical conditions that constitute disabilities. Instead, the ADA has a general definition of disability that each person must meet. A person has a disability if he/she has a physical or mental impairment that substantially limits one or more major life activities, a record of such an impairment, or is regarded as having an impairment. For more information about how to determine whether a person has a disability under the ADA, see How to Determine Whether a Person Has a Disability under the Americans with Disabilities Act Amendments Act .
Winning Social Security Disability Benefits For Chronic Fatigue Syndrome By Equaling A Listing
To determine whether you are disabled at Step 3 of the Sequential Evaluation Process, the Social Security Administration usually considers whether your impairment is severe enough to meet or a listing. The Social Security Administration has developed rules called Listing of Impairmentsfor most common impairments. The listing for a particular impairment describes a degree of severity that the Social Security Administration presumes would prevent a person from performing substantial work. If your impairment is severe enough to meet or equal the listing, you will be considered disabled.
The Social Security Administration has no listing for chronic fatigue syndrome. Since CFS is not a listed impairment, you cannot be cannot be found to meet a listed impairment based on your CFS alone. However, the specific findings in your case should be compared to any pertinent listing to determine whether medical equivalence may exist. In other words, you may be entitled to Social Security disability benefits if the severity of your condition equals an existing listing for a different impairment.
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Appropriate Treatment Is Necessary
Your insurance company will want to see you are receiving appropriate treatment for Chronic Fatigue Syndrome/Myalgic Encephalomyelitis. If your insurance company does not believe you are complying with your doctors recommendations for treatment, they can use this as justification to deny your claim or terminate your benefits.
Unfortunately, there is no known cure for CFS/ME. Therefore physicians focus treatment on managing or mitigating the underlying symptoms of the disease. Some appropriate treatment options include:
Because your insurance company can easily use noncompliance and lack of appropriate care as a reason to deny your claim, you should follow your doctors advice and treatment plan.
Managing Chronic Fatigue Syndrome At Work
The extreme tiredness that comes with chronic fatigue can make everyday life very challenging, especially working. Some people who only have mild symptoms can continue working with adjustments and support from their employers. In contrast, others may have to take more extended periods off work or stop working altogether. Chronic Fatigue Syndrome is classed as a medical disability and therefore is included in the 2010 Equality Act, which protects people with disabilities from discrimination at work.
If you have CFS and are considering going back to work, make sure to speak to your GP and your support system to see if that is the right choice for you. Some of the ways your employer can support you at work include:
Changing to part-time due to your lower energy levels and asking for flexible working hours so that you can choose to work when you feel most well. Many people with CFS experience a change in their symptoms throughout the day and may find parts of the day or week more challenging than others.
Having a phased return to work, rather than returning to full-time straight away. This way, you can see how much you can manage and plan the next few weeks and months accordingly.
Having any assistive technology or adjustments to your environment can help you feel better at work and complete your work easier.
To find out more about how you can manage disabilities in the workplace, head to the disability advice hub.
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Chronic Fatigue Syndrome And Disability Benefits
When ailments cannot be seen on a microscope slide or conclusively diagnosed through standard testing, it can be very difficult to obtain Social Security disability benefits. One condition that can be difficult to detect, diagnose and demonstrate to the Social Security Administration is chronic fatigue syndrome. While sufferers endure very real symptoms, the process of applying for benefits can be very challenging.
At the Disability and Injury Law Offices of David R. Machek, we offer experienced and strategic advocacy to help our clients apply the benefits they need and deserve.
The Social Security Administration relies heavily on objective tests to determine whether a person suffers a disability significant enough to warrant benefits. If such tests dont exist, it is important to develop other evidence to make a case for an award of benefits.
Our attorney understands the unique challenges presented by ailments such as chronic fatigue syndrome when attempting to secure Social Security Disability benefits. Social Security has a ruling on the documentation of chronic fatigue syndrome that includes some objective standards. One of the objective criteria is a positive blood test for the Epstein-Barr virus.
You may also suffer from chronic fatigue syndrome if you have any of the following symptoms: major depression, excessive sleep, fatigue, loss of memory or concentration, sore throat, swollen or tender lymph nodes, unexplained muscle pain or headaches.