Toronto Chronic Fatigue Syndrome Lawyer
Your doctor just diagnosed your symptoms of fatigue and lethargy as chronic fatigue syndrome (CFS). The good news is that now that you have a diagnosis, you can work with your doctor to relieve your symptoms.
Unfortunately, the downside is that if you cannot work, and proving you have a disabling condition when seeking long-term disability (LTD) benefits can be difficult.
An Ontario long term disability lawyer can compile the medical information the insurance company requires and fight back if they challenge your eligibility for benefits. To learn more about the claims process and the various steps involved, consult with a Toronto chronic fatigue syndrome long term disability claims attorney today.
Difficulty in Proof
Chronic fatigue syndrome is a relatively newly recognized condition. For years, doctors may have either misdiagnosed the symptoms as other conditions or ignored the condition altogether.
Part of the difficulty in claiming chronic fatigue syndrome for Ontario disability benefits is that it does not follow a standard diagnostic process. Doctors may use several different tests to rule out other conditions before properly diagnosing CFS.
The insurance company may deny your claim if the CFS diagnosis does not include documented fatigue and malaise that lasts several months; pain in the joints, neck, muscles, or headaches; and poor sleep. People seeking Chronic Fatigue Syndrome disability claims in Toronto may also have to demonstrate they suffer from at least two of the following symptoms:
- Poor short-term memory and trouble concentrating
- Difficulty processing information
- Intermittent dyslexia
- Perceptual or sensory disruptions
Your medical history must also demonstrate that you suffer from one symptom of two of the following three categories:
- Autonomic manifestation (e.g., vertigo, palpitation, etc.)
- Neuroendocrine manifestation (heat/cold intolerance, weight change, etc.)
- Immune manifestation (flu-like symptoms, new allergies, etc.)
Further, if you are seeking Ontario LTD for chronic fatigue syndrome, it is important that your doctor does not diagnose your condition as purely a mental health condition, as this may complicate your claim as you try to establish CFS. A lawyer can evaluate all your medical records and may seek testimony from your doctor or other experts to demonstrate to the insurance company that you suffer from CFS and that it prevents you from working.
Reviewing a Disability Claim
When reviewing your disability claim, the insurance company looks for three main factors:
- You suffer from a disabling condition. (I.e., CFS)
- The condition prevents you from working at your current job.
- After two years, it prevents you from working in any other jobs.
Proof of your condition comes from your medical records. It is helpful if you stay with the same doctor throughout your diagnosis and treatment. Doing so allows your doctor to become familiar with your condition and have a better understanding of its effect on your life.
Proving that you cannot work due to the condition may involve several types of evidence.
- Your doctor can provide testimony that your CFS causes you to experience certain limitations.
- The lawyer may request that your employer provides documentation to describe your job requirements and notate any missed work due to your CFS.
- You can keep a journal of how your CFS affects you while at work and log the days missed or times you had to go home early due to your fatigue
- An Ontario long term disability lawyer may retain medical experts in CFS to describe the effects on your ability to work.
Once your short-term disability benefits run out after a few months, the insurer may require reevaluation.
Improving Your Chances
Collecting the right evidence for your claim can be difficult and time-consuming. Even with good evidence, if you make an error on your claim forms it can cause unnecessary delays in your approval or deny your claim.
Some of the ways to improve your claim are as follows:
- Be honest about your condition and limitations at work.
- Tell your doctors you are seeking disability benefits so they are aware they might be asked to provide testimony.
- Keep good records of days missed from work, your daily health, and how your symptoms respond to different conditions.
Finally, and most importantly, work with a Toronto chronic fatigue syndrome long term disability claims lawyer. We are here to help you obtain the benefits to which you are entitled.