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

|
|
|
|

Trending News

Repair Damaged Mitochondria and Reduce Fatigue Up to 45%

7 Best Foods You Can Eat

Study: Doubling saturated fat in the diet does not increase saturated fat in blood

The Gut Microbiome and the Brain

Fight Inflammation and Promote Cognitive Health with High-OPC Grape Seed

CoQ10 supplementation reduces statin-related muscle pain in randomized trial

Plant used in traditional Chinese medicine may treat metabolic diseases and obesity

Controlling obesity with potato extract

Natural Gut Viruses Join Bacterial “Cousins” in Maintaining Health and Fighting Infections

Proton pump inhibitors decrease diversity in gut microbiome, increase risk for complications

 
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/



Please Discuss This Article:   Post a Comment 



[ Be the first to comment on this article ]




 
Free Chronic Fatigue Syndrome and Fibromyalgia Newsletters
Subscribe to
Our FREE
Newsletter
Subscribe Now!
Receive up-to-date ME/CFS & Fibromyalgia treatment and research news
 Privacy Guaranteed  |  View Archives

Save on Nutritional Supplement Orders

Featured Products

FibroSleep™ by ProHealth FibroSleep™ by ProHealth
The All-in-One Natural Sleep Aid
Ultra EPA  - Fish Oil Ultra EPA - Fish Oil
Ultra concentrated source of essential fish oils
Optimized Curcumin Longvida® by ProHealth Optimized Curcumin Longvida® by ProHealth
Supports Cognition, Memory & Overall Health
Energy NADH™ 12.5mg Energy NADH™ 12.5mg
Improve Energy & Cognitive Function
Vitamin D3 Extreme™ by ProHealth Vitamin D3 Extreme™ by ProHealth
50,000 IU Vitamin D3 - Prescription Strength

Natural Remedies

Why Berries Offer a Rainbow of Health Benefits Why Berries Offer a Rainbow of Health Benefits
The Big Blue Fish that Helps Chase the Blues Away The Big Blue Fish that Helps Chase the Blues Away
More Weight Loss than Any Other Discovery in Supplement History More Weight Loss than Any Other Discovery in Supplement History
The Curcumin Revolution: The Curcumin Revolution: "Golden" Ticket to Better Health
Three-Step Strategy to Reverse Mitochondrial Aging Three-Step Strategy to Reverse Mitochondrial Aging

FIBROMYALGIA RESOURCES
What is Fibromyalgia?
Fibromyalgia Diagnosis
Fibromyalgia Symptoms
Fibromyalgia Treatments
| CFS RESOURCES
What is CFS?
ME/CFS Diagnosis
ME/CFS Symptoms
ME/CFS Treatments
| FORUMS
Fibromyalgia
ME/CFS
ADVANCED MEDICAL LABS
WHOLESALE  |  AFFILIATES
GUARANTEE  |  PRIVACY
CONTACT US
LIBRARY
RSS
SITE MAP
ProHealth on Facebook  ProHealth on Twitter  ProHealth on Pinterest  ProHealth on Google Plus
Credit Card Processing