Long Term Disability Plan

[Cyntracer]

When I was put on disability due to Fibromyalgia I was living and had been working in WA state. I was approved for 2 years disability payments in 2000 based on Mental/Nervous diagnosis.

I have been unable to work for 2+ years, after working for my employer who employes over 2000 since 1986. I was promoted over the years to an office manager with a good salary. I loved my job and

In 2000 I Applied for SSD and was reject. I am in the process of appealing the denial for disability based on Fibromyalgia. I am unable to be a reliable employee due to the unpredictable of my disability.

When they accepted the claim payments based a Mental/Nervous there was language about the Fibromyalgia and how they would continue to access information regarding Fibromyalgia. I don't know what that means.

In your opinion do you feel that I have any chance on the insurance company approving Fibromyalgia as a disability and begin to receive disibility payments. If so, what type of attorney do I need?

 

[ALawyer]

I am a bit confused as I thought you said you went on what seems to be a short term mental disability from your job. SS Disability is, of course, different, and the fact that you were rejected is not helpful.

A lawyer would have to know ALL the facts and evidence you had, and also review the employer's policy as it existed in 2000 to see if Fibromyalga could be covered as a physical vs. mental illness. There is always some difficulty with any claim in which there is not clear, demonstrative evidence such as X-rays, broken bones, CatScans, etc.

I think you probably need a Social Security disability lawyer who also does insurance disability work. Many do.

 

[ellencee]

there is some overlap between the two--mental/nervous and fibromyalgia, each aggravates the other. Is the mental/nervous part now resolved, and you are seeking continued disability benefits from Social Security due to the fibromyalgia alone? If so, you may be able to get this in process by contacting the 1-800 for Social Security Disablilty, or by contacting your local office.

In my opinion, fibromyalgia is the diagnosis du jour, and as such, is harder to prove to Social Security. Those who have disabling fibromyalgia suffer a longer process in dealing with SS because of the increase in claims based on this illness. They are going to base their decision on your medical records, specifically looking for why you can't work at some level. Take or send copies of your latest physical exam results and other papers from your MD to the appropriate SS office.

There is a waiting period with Social Security, and when you first applied, your illness was not supposed to last past 2 years; I don't know how long your illness was supposed to last in order for you to qualify for benefits. But, you need to be able to show them how fibromyalgia affected you during these two years, also.
There is a Social Security Disability site you can access on the net and it will answer alot of your questions.
There are several sites on fibrolmyalgia and you should be able to find much information about your condition in these sites.