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

SURVEY: Cognitive Impairment II

Top 3 Nutrients to Detox the Liver and Soothe Digestion

Natural Bladder Control, Go Less and Live More

Top Vitamin and Mineral Deficiencies — Are You at Risk?

Vital Molecule Increases Cellular Energy and Improves Cognitive Function

Omega Fix for Obesity: How the Right Fats Fight Fat

How Pomegranate May Protect Against Cancer

Potential of Quercetin in the Treatment of Melanoma

Trimming the spare tire: Canola oil may cut belly fat

Supplementation with vitamins C and E associated with decreased risk of cognitive impairment, dement...

 
Print Page
Email Article

Spate of Disability & Job Discrimination Wins for ME/CFS and Fibromyalgia Patients

  [ 105 votes ]   [ 1 Comment ]
www.ProHealth.com • June 6, 2012


The past month has brought news of several significant disability and job discrimination suit wins for ME/CFS and fibromyalgia patients. For example:

Children’s Hospital of Colorado Ordered to Pay $95K in FM Job Discrimination Suit

May 31: Children’s Hospital of Colorado withdrew a job offer they had made to an applicant after a medical screen revealed she had fibromyalgia. The EEOC suit won $95,000 on behalf of applicant Cecilia McMurray for a violation of the Americans with Disabilities Act.

EEOC reportedly had first attempted but failed to reach a ‘pre-lawsuit’ settlement through its conciliation process. In connection with the lawsuit, Children’s Hospital of Colorado has also agreed that it will henceforth train its employees in ADA requirements and will report to the EEOC any time it bases a decision not to hire a person on this type of medical screen.

Employers need to be very careful when they use such screens, says EEOC Regional Attorney Mary Jo O'Neill, because the obligations in this respect are “particularly complex.”

“It is important that employers give applicants with disabilities a fair shake and make employment decisions based on facts and not myths, fears or steorotypes,” adds EEOC Denver Field Office Director Nancy Sienko.

Legal Victory for CFS Patient in Wrongful Termination of Disability Benefits Suit vs AT&T

April 4: In reaching a decision in favor of disabled CFS patient Judi Peterson vs AT&T Umbrella Benefit Plan No. 1, administered by third-party administrator Sedgwick CMS, the US District Court for the Northern District of California noted that the insurer and the medical professionals hired to review the patient's records had "abused its discretion in five specific ways." See news release here.

For example, after initially finding that Ms. Peterson suffered from disabling CFS in 2006, and although the evidence showed her condition had remained unchanged, they terminated her benefits in 2009.

"This decision illustrates that policymakers cannot always rely on an 'unbiased' third-party administrator to make logical and fact-based benefits decisions," says the lead attorney who represented Ms. Peterson. "Denials must be carefully scrutinized, and if the conclusions appear unfair, incorrect, or ridiculous, they probably are."

Oregon Court Finds for CFS Patient in Wrongful Termination of LTD Benefits Suit

April 19: Life Insurance Co. of North America (LINA, a CIGNA subsidiary and ERISA-regulated health benefits plan) initially approved disability insurance payments for former attorney Keith Ayers, based on a diagnosis of total disability owing to chronic fatigue syndrome. Then 5 years later LINA terminated payments on the grounds that his true diagnosis was depression, not CFS.

When Ayers filed a claim for his long-term disability benefits owed from Oct 2007 through Sep 2011 (when he reached age 65 and was no longer eligible for benefits under the plan), contending "LINA sabotaged his application for SSDI benefits." LINA filed a counter claim stating Ayers owed them nearly $100,000 in “overpaid benefits.”

The US District Court of Oregon ruled for Ayers, concluding he indeed suffered from total disability owing to CFS, based on documentation proving he had been unable to work due to fatigue and other symptoms. Based on testimony of medical experts, the court noted that Ayers had been suffering from depression but it was unrelated to the CFS impairments, and that “even severe depression could not result in his severe cognitive impairments.”

Further, the Court raised the issue of whether LINA had “made fraudulent statements and commissioned false medical reports to facilitate termination of Ayers’ long term disability payments.” For the step-by-step case and medical record, click here.




Post a Comment

Featured Products From the ProHealth Store
Mitochondria Ignite™ with NT Factor® Vitamin D3 Extreme™ Energy NADH™ 12.5mg


Article Comments Post a Comment

Disability & Job Discrimination Wins for ME/CFS and Fibromyalgia Patients
Posted by: herenow23
Feb 26, 2015
This is positive news! And possibly an effective strategy to get people and organizations, etc., to take this issue seriously, or else.

Aloha :)))
Reply Reply
 
Natural Pain Relief Supplements

Featured Products

Ultra ATP+, Double Strength Ultra ATP+, Double Strength
Get energized with malic acid & magnesium
Optimized Curcumin Longvida® Optimized Curcumin Longvida®
Supports Cognition, Memory & Overall Health
Ultra EPA  - Fish Oil Ultra EPA - Fish Oil
Ultra concentrated source of essential fish oils
Energy NADH™ 12.5mg Energy NADH™ 12.5mg
Improve Energy & Cognitive Function
FibroSleep™ FibroSleep™
The All-in-One Natural Sleep Aid

Natural Remedies

Vital Molecule Increases Cellular Energy and Improves Cognitive Function Vital Molecule Increases Cellular Energy and Improves Cognitive Function
Stop Bacteria With Nature's Antibiotics Stop Bacteria With Nature's Antibiotics
Irritable Bowel Syndrome: Unlocking the Secrets of Peppermint, Acacia and Fennel Irritable Bowel Syndrome: Unlocking the Secrets of Peppermint, Acacia and Fennel
Restore Youthful Cognition and Well-Being Restore Youthful Cognition and Well-Being
Aches and Pains? A Simple Solution You'll Love Aches and Pains? A Simple Solution You'll Love

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 TO OUR NEWSLETTERS
Get the latest news about Fibromyalgia, M.E/Chronic Fatigue Syndrome, Lyme Disease and Natural Wellness

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