Activate Now
 
ProHealth health Vitamin and Natural Supplement Store and Health
Home  |  Log In  |  My Account  |  View Cart  View Your ProHealth Vitamin and Supplement Shopping Cart
800-366-6056  |  Contact Us  |  Help
Facebook Google Plus
Fibromyalgia  Chronic Fatigue Syndrome & M.E.  Lyme Disease  Natural Wellness  Supplement News  Forums  Our Story
Store     Brands   |   A-Z Index   |   Best Sellers   |   New Products   |   Deals & Specials   |   Under $10   |   SmartSavings Club

Trending News

Cistus: A Natural Antibiotic, Antiviral, and Biofilm Buster

ACTION ALERT: Improve US Chronic Pain Care

Big step towards cure for HIV and other lifelong viral infections

SURVEY RESULTS: Attitudes About Fatigue

How Omega-3 Fights Depression

Superfood Trio: Ginger, Turmeric, and Carrots?

Rejuvenate Your Skin Naturally With Sea Buckthorn Oil

A Smile

Can Drinking More Water Help You Lose Weight?

Resveratrol’s Link to Slowing Alzheimer’s

 
Print Page
Email Article

Disability Attorneys See Signs of Evolution in Fibromyalgia Coverage

  [ 11 votes ]   [ Discuss This Article ]
www.ProHealth.com • May 23, 2012


Could an evolution in public perception of fibromyalgia one day crack the disability insurance industry's stone wall? The following situation analysis by California-based disability law attorneys at Pillsbury & Levinson, LLP suggests it might.

_______________________________

Seeking Disability Benefits in Fibromyalgia Cases

Fibromyalgia is a musculoskeletal ailment characterized by widespread pain accompanied by fatigue, sleep, memory and mood issues.

• Doctors believe that the disease amplifies pain by affecting the way the brain processes pain signals. Essentially, painful sensations are a result of how normal signals are amplified. Normally benign aches would register as debilitating pain.

• Fibromyalgia is also associated with increased fatigue and sleep disturbances which can further debilitate those with the disease.

Fibromyalgia (FMS) awareness has gained significant traction over the last 20 years.

• Nearly five million Americans (or 1 in 50) suffer from this disorder. In fact, fibromyalgia is second only to osteoarthritis as the most common musculoskeletal ailment.

• Ninety percent of those suffering from FMS are women (although it does affect men as well).

• Most people develop symptoms during their 30's and 40's, and over half recall a traumatic event (such as an accident, significant injury or other experience leading to PTSD) as a trigger for their symptoms.

Negative Perceptions of FMS

Many people with FMS are dismissed as psychological head cases who don't actually suffer from a neurochemical ailment.

• Perhaps because a large majority of people suffering from it are women, there is an inherent perception that nothing is medically wrong with the patient.

• Most FMS patients endure long periods of misdiagnosis (e.g., for depression, anxiety, irritability) before finally being treated. Because it has symptoms that may point to other ailments, the average assessment takes five years.

• During that time, FMS patients may be told that the pain is "all in their head" or that they "need to get over it" or "get on with life."

The disability insurance industry has capitalized on these biases.

Insurance companies do this in several ways.

• First, many disability insurers simply refuse to cover disability caused by FMS or other musculoskeletal disorders.

• Where there is not an express exclusion for FMS, disability insurance companies often demand "objective" testing results to demonstrate disability from FMS.

• These companies are aware that objectifying a condition which is characterized by subjective symptoms is close to impossible.

Court Findings

Nevertheless, courts have increasingly resisted these efforts to deny disability insurance coverage to FMS sufferers.

In Salomaa v. Honda LTD Plan, the U.S. Court of Appeals for the Ninth Circuit held that the plan administrator abused its discretion when it denied long term disability benefits to a claimant suffering from fibromyalgia.

• He had completed a battery of tests that indicated he was disabled, and was even awarded Social Security disability benefits.

• Despite this, the administrator denied benefits because he failed to provide "positive physical findings." The plan administrator did not believe that he met the criteria for a chronic syndrome.

• The court found that the reasons for the denial were "shifting and inconsistent as well as illogical."

Important Considerations

1. FMS awareness has led to changes in the diagnostic criteria adopted by the American College of Rheumatology in 2010. The new diagnosis:

• Combines an updated pain index (which includes 19 specified areas) with a new severity scale that measures pain levels across a person's body.

• It also measures the levels of related factors, including fatigue, waking un-refreshed and cognitive difficulties.

2. Another important consideration is the type of claimants seeking California disability benefits.

• Many are ambitious, hardworking professionals entering the prime of their careers. They would trade the money and satisfaction of a gratifying career over their pain and suffering and the finality of fixed disability payments.

• While they may not reveal it, most judges realize this as well.

If you have been diagnosed with fibromyalgia or chronic pain syndrome and are seeking disability benefits, an experienced lawyer can counsel you.

- Pillsbury & Levinson, LLP, May 11, 2012
www.pl-disabilitylawyers.com/




Post a Comment

Featured Products From the ProHealth Store
Mitochondria Ignite™ with NT Factor® Optimized Curcumin Longvida® Vitamin D3 Extreme™

Looking for Vitamins, Herbs and Supplements?
Search the ProHealth Store for Hundreds of Natural Health Products


Article Comments



Be the first to comment on this article!

Post a Comment


 
Natural Pain Relief Supplements

Featured Products

Energy NADH™ 12.5mg Energy NADH™ 12.5mg
Improve Energy & Cognitive Function
FibroSleep™ FibroSleep™
The All-in-One Natural Sleep Aid
Optimized Curcumin Longvida® Optimized Curcumin Longvida®
Supports Cognition, Memory & Overall Health
Mitochondria Ignite™ with NT Factor® Mitochondria Ignite™ with NT Factor®
Reduce Fatigue up to 45%
Ultra EPA  - Fish Oil Ultra EPA - Fish Oil
Ultra concentrated source of essential fish oils

Natural Remedies

Energy Breakthrough - One Fibromyalgia Patient’s Fortuitous Discovery Energy Breakthrough - One Fibromyalgia Patient’s Fortuitous Discovery
SAD? Coping with Seasonal Affective Disorder SAD? Coping with Seasonal Affective Disorder
The Revolutionary 'Good Fat' That Promotes Heart, Brain, Bone and Joint Health The Revolutionary 'Good Fat' That Promotes Heart, Brain, Bone and Joint Health
Strontium - The Missing Mineral for Strong Bones Strontium - The Missing Mineral for Strong Bones
Complete and Natural Menopause Relief Complete and Natural Menopause Relief

CONTACT US
ProHealth, Inc.
555 Maple Ave
Carpinteria, CA 93013
(800) 366-6056  |  Email

· Become a Wholesaler
· Vendor Inquiries
· Affiliate Program
SHOP WITH CONFIDENCE
Credit Card Processing
SUBSCRIBE AND SAVE 15% NOW*
Be the first to know about new products, special discounts and the latest health news. *New subscribers only

CONNECT WITH US ProHealth on Facebook  ProHealth on Twitter  ProHealth on Pinterest  ProHealth on Google Plus

© 2016 ProHealth, Inc. All rights reserved. Pain Tracker App  |  Store  |  Customer Service  |  Guarantee  |  Privacy  |  Contact Us  |  Library  |  RSS  |  Site Map