Until recently, fibromyalgia was a misunderstood and often overlooked or misdiagnosed condition. This condition can cause widespread pain for no apparent reason, along with several other related symptoms. Thankfully, doctors are better today at diagnosing fibromyalgia.
But long-term disability (LTD) insurance companies may still give patients with fibromyalgia a hard time as they seek benefits. If you find yourself unable to work due to your pain and other symptoms of fibromyalgia, contact a long term disability lawyer to learn more about your options.
Our long-term disability lawyers can meet with you in Toronto for a free initial consultation. Call (416) 364-2000
Difficulty of Filing a Claim
The most difficult part of filing a Toronto fibromyalgia long-term disability claim is proving you have the condition. Common fibromyalgia symptoms are similar to many other ailments, and there is no simple test that will confirm a case of fibromyalgia. For example, patients with fibromyalgia may experience the following symptoms:
- Pain and tender points
- Irritable bowel syndrome
- Sleep problems
- Psychological distress like depression or anxiety
These are common symptoms patients experience with many other conditions. Thus, doctors rely on a diagnostic profile to diagnose patients with the condition. Unfortunately, insurance companies and doctors who work with them often challenge diagnoses of fibromyalgia, arguing that the diagnosis is wrong or exaggerated. Even if you are diagnosed with fibromyalgia, you must prove you are seeking treatment but still unable to work.
This is why it is so important to build a thorough case when filing a Toronto fibromyalgia long-term disability claim. A lawyer will work with medical experts and compile evidence that establishes not only your diagnosis, but that it prevents you from working.
Toronto Fibromyalgia Lawyer Near Me (416) 364-2000
Determining the Appropriate Qualifications
When you file a Toronto fibromyalgia LTD claim, you will likely receive short-term disability benefits for the first few months. Then after those expire, the insurance company will reevaluate your condition and ability to work to determine if you qualify for long-term disability benefits.
Documenting the Condition
A lawyer will collect your medical records to make sure there is a fibromyalgia diagnosis and a medical history that supports your fibromyalgia long-term disability claim in Toronto. If your chronic pain happened after a specific event such as an accident or illness, make sure your doctors and your lawyer know this.
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Prevention from Work
A lawyer might ask your doctor to provide documentation of your limitations and observed symptoms to establish that you are unable to work. In some cases, a lawyer may ask your employer to document your work requirements and note any changes in your work ability or attendance since the fibromyalgia began.
If these two points are present and you meet other requirements set forth in your insurance policy, the insurance company should approve your Toronto fibromyalgia long-term disability claim. However, this is not always the case.
Denial of a Claim
Insurance companies may counter your LTD claim in Toronto by arguing that you are not disabled, you are still able to work, or that, after a certain amount of time, you can change careers to continue earning a living.
Non-Existence of Fibromyalgia
Some insurance companies may argue that you are faking or exaggerating your pain, and then use that argument to deny your claim. This is why it is so vital to build a case with thorough medical documentation of your fibromyalgia.
A lawyer will seek records and possibly testimony from your doctor, as well as a detailed medical history to fight back if the insurer questions the presence or severity of your condition.
Continuing to Work
For the first two years, you will need to establish that you are unable to work in your current occupation. A lawyer may work with vocational experts and compile other evidence to establish your inability to continue in your current position to counter any arguments insurance companies make about your ability to work.
Switching Career Fields
After about two years, in most cases, the insurance company will reevaluate your condition to determine if you are able to switch career fields. Despite having already proven you are unable to work in your current occupation, you may at this point need to prove that you are unable to work at all. Once again, vocational evaluations, medical evidence, and other documentation of your condition and limitations will be vital to continue your LTD benefits.
Contacting a Lawyer
An experienced lawyer will help disabled individuals in Toronto with their long-term disability claims and appeals.
If the insurance company denies your Toronto fibromyalgia long-term disability claim, a lawyer can help you through the appeals process to fight back against an unfair denial and recover the benefits that you deserve.