Marc Whitehead & Associates

Fibromyalgia Disability Claims Lawyer

Fibromyalgia disability is a chronic disorder that affects about 5 million Americans. Patients suffer intense pain and aching in the muscles and soft tissues throughout the body including specific tender points. Symptoms also include fatigue, cognitive dysfunction, irritable bowel syndrome, and depression or anxiety.

The exact cause of fibromyalgia is unknown, and may involve different factors that, when working together, affect the way the brain processes pain. Events or conditions that are likely to trigger fibromyalgia include genetics, emotional and physical trauma, and certain illnesses or infections. While fibromyalgia does not damage the joints or organs, the constant pain and fatigue inflicts a devastating impact on daily life.

Although the pain associated with fibromyalgia disability is real, there is no lab test or X-ray to measure the findings of fibromyalgia. Doctors diagnose fibromyalgia based on a patient's symptoms and physical exam.

For this and other reasons, getting approval for disability benefits from Social Security, the Department of Veterans Affairs, or long-term disability insurance plans can be problematic.

If you have been denied benefits, you should speak to disability attorneys who have successfully handled fibromyalgia disability claims. At Marc Whitehead & Associates, we welcome your call at 800.562.9830 to learn more about how we can help.

Fibromyalgia and Social Security Disability Benefits

If fibromyalgia disability prevents you from working, you may well be entitled to Social Security Disability benefits. However, winning disability under the Social Security Administration (SSA) disability program can be difficult.

The SSA Blue Book, which is Social Security's reference manual containing the approved medical listings for specific impairments, does not include fibromyalgia.

Since there is no medical listing, the Social Security examiner will attempt to "equate" your disability with an existing medical listing. They will also consider and give value to accompanying impairments that may be involved, such as osteoarthritis, degenerative disc disease or lupus.

However, the determining factor in qualifying for Social Security Disability benefits is whether fibromyalgia (or any other impairment) affects your ability to work. We have helped many patients suffering from fibromyalgia disability win approval for compensation under Social Security, even though their initial applications were denied.

As Board Certified Social Security Disability attorneys, we can ensure your case will have the highest possible chance of success. Our attorneys excel at establishing the medical evidence required by working with your physicians to obtain necessary clinical findings, medical test results, and other evidence including the impact fibromyalgia has on your daily activities and concentration.

We can pursue your fibromyalgia disability claim at every step of the process, representing you at the Social Security Disability hearing before the administrative law judge, and skillfully representing you through the appeals level. Call to find out more in a free consultation.

Long Term Disability Insurance Coverage for Fibromyalgia Disability

Many insurance companies are unsympathetic toward policyholders who submit claims for fibromyalgia disability. Insurers tend to view these claims with skepticism. Common reasons for claim denial include characterizing fibromyalgia as treatable; or, that without specific diagnostics to show cause, there is not reason to consider you as physically disabled from doing sedentary work.

Insurance providers often lead you to believe that your case is defeated and you have no alternative. They will apply misleading tactics using their own medical records and vocational evaluations to dispute your claim. They may delay the process by not responding, or making continual, additional demands for information. They may even hold out until forced by the court to give you the benefits you are entitled to.

Our firm practices long-term disability law throughout the United States, with many years of experience representing fibromyalgia claims against insurance companies. If you have been unfairly denied, we can appeal the denial and help you fight back with an effective demonstration of evidence to prove your claim.

Do not give up. Call 800-562-9830 to discuss your fibromyalgia disability claim in a private, complimentary consultation. When we take on a case, you can be sure that we will pool all our resources to fight for you and your family.

Fibromyalgia Disability Claims for Veterans Disability Benefits

The Department of Veterans Affairs' Schedule for Rating Disabilities lists the evaluation criteria for fibromyalgia under The Musculoskeletal System as diagnostic code 5025 Fibromyalgia (fibrositis, primary fibromyalgia syndrome). Disability claim approval and rating levels vary according to several criteria, such as whether symptoms are widespread (both sides of the body and above and below the waist), constant or episodic, or require continuous medication. Any disability, including a mental disorder, that is medically determined to be secondary to fibromyalgia, can be separately evaluated.

With over 700,000 U.S. troops serving in the Persian Gulf beginning August 2, 1990, countless veterans came home with symptoms of muscle, joint and bone pain, debilitating fatigue, memory and thinking disorders, emotional stress and other symptoms indicating fibromyalgia.

As of 2009, the VA identified fibromyalgia disability as a presumptive disorder for Gulf War Veterans who meet the criteria in the VA Schedule for Rating Disabilities. These veterans do not need to prove a connection between their military service and fibromyalgia in order to receive VA disability benefits.

Although fibromyalgia is considered a Gulf War presumptive illness, securing disability compensation can be tremendously difficult. Many veterans who served in other locations are also disabled by fibromyalgia.

The Accredited Veterans Claim Attorneys at our firm will work hard to make sure the federal government honors your service to this country. With perseverance and experienced legal reinforcement, you can get the VA disability benefits you deserve.

If you have a veterans claim you have questions about, Marc Whitehead & Associates welcomes your call at 800-562-9830.

Marc Whitehead & Associates represents individuals suffering from many medical conditions.