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Your Rights When a Disability Claim is Terminated

 
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Ask the Disability Attorney: Should I Get an Attorney Right Away?

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By Justin Franke and Jason Newfield, Attorneys at Law • www.ProHealth.com • August 29, 2014


Ask the Disability Attorney: Should I Get an Attorney Right Away?. Image courtesy of phasinphoto, at FreeDigitalPhotos.net
Image courtesy of phasinphoto, at FreeDigitalPhotos.net
Q: Do you have a better chance getting benefits if you file AND get an attorney right away? My Dr says its really difficult to get disability with fibromyalgia, is this true? - Julia

A: Obviously, being attorneys, we believe that our services enhance a claim and make it more likely that a claimant will get paid. Why is this? Because we have seen most issues before, and have become good at spotting issues BEFORE they become problems. The challenge with fibromyalgia claims and chronic fatigue syndrome claims are that the symptoms are not readily revealed on x-rays or MRIs.

Rather, the symptoms which impair are mostly pain and fatigue, which are somewhat difficult to quantify. For chronic fatigue syndrome claims, we often recommend getting CPET testing, which is CardioPulmonary Exercise Testing, usually a two day series of testing, which produces objective evidence that one can utilize for their claim.

Documenting the symptoms is critical, whether through a log or diary, or through other means, but one must be able to articulate HOW and WHY they are impaired.

If you have questions, please feel free to call us. Frankel & Newfield, PC - Attorneys at Law. 1-877-583-2524


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