Fibromyalgia as a disabling condition

Fibromyalgia (fibro) is a condition that we frequently see among the disabling conditions preventing our clients from being able to work.  The Mayo Clinic defines Fibromyalgia as “a disorder characterized by widespread musculoskeletal pain accompanied by fatigue, sleep, memory and mood issues. Researchers believe that fibromyalgia amplifies painful sensations by affecting the way your brain and spinal cord process painful and nonpainful signals.”

Disability Insurance Companies Often Attack Fibromyalgia Cases

If you read what people with fibro go through online, it may sound like a condition that would be an easy win for a disability claimant.  Unfortunately, that is not always the case.  The insurance companies are in the habit of denying disability insurance claims for fibromyalgia as a stand-alone condition.  Long ago, disability insurance companies argued that fibromyalgia was a neurosis rather than a physical condition, even going so far as to hold seminars presenting this argument as fact.  Fortunately, those days are over.  The most recent circular logic commonly deployed by disability insurance companies attacking disability insurance claimants with fibro goes like this: the insurance company will hire a medical expert who offers the opinion that fibromyalgia is a medical condition that benefits from exercise and activity, regardless of how painful and disabling it may be.  But since the insurer’s medical expert is stating that fibro benefits from exercise and activity, the disability claimant should be in the gym and exercising and walking and running and doing deep knee bends and so on instead of reacting reasonably to the myriad symptoms of the condition.  As a result, it is logically impossible for anyone to be disabled by fibro according to these disability insurance company medical experts.  Fortunately, this sort of circular logic is generally not popular in courtrooms.

How to Win Your Fibromyalgia Disability Case

If you have been denied, one of the first things you may wish to do is consult with an experienced ERISA disability insurance attorney who has had experience in dealing with fibro cases.  It is important to document all your pain with every visit to any doctor you see.  Since the pain is often described as self-reported by the insurance company, make sure you are reporting it when you see any of your doctors!  If you can keep a diary of pain, fatigue, and any cognitive issues, it may help to show what you are dealing with on a regular basis.

If you have a disability insurance company and the insurance company has denied your fibromyalgia claim, call us to see if we can help you!  813-839-2000