Long Term Disability Claims Attorneys for Fibromyalgia

Were you diagnosed with fibromyalgia? Have you lost income because your symptoms prevented you from returning to your job? If so, contact Abell and Capitan Law for a free consultation and find out how we can help you file a claim or appeal a denied claim for long term disability benefits.

Fibromyalgia causes pain, fatigue, and other symptoms that can make it difficult for anyone to go about their normal day. Performing routine tasks becomes challenging, and it can severely affect a person’s quality of life. There isn’t a cure for this debilitating disorder, which often leads to long-term effects.

Call Abell and Capitan Law at (267) 419-7888 for a free consultation and find out how our legal team can help you obtain the maximum benefit payments you deserve to supplement your lost wages.

Common Symptoms Associated with Fibromyalgia

Fibromyalgia is a chronic disorder that affects the musculoskeletal system. Many of its symptoms are similar to other medical conditions, so doctors sometimes have difficulty diagnosing it.

The most common symptoms include:

  • Muscle and bone pain
  • General fatigue
  • Tender areas of the body
  • Trouble sleeping
  • Cognitive issues

The pain you might experience can feel like a dull ache in various regions of your body. Pain occurs when the brain and nerves overreact or misinterpret normal pain symptoms. This could result from a chemical imbalance or abnormality in the region of the brain responsible for transmitting sensory messages.

Other symptoms associated with fibromyalgia include:

  • Not feeling rested despite long periods of sleep
  • Depression
  • Headaches
  • Dry eyes
  • Anxiety
  • Dull ache or pain in the lower abdomen
  • Difficulty focusing
  • Bladder issues

Unfortunately, fibromyalgia isn’t curable. You could take medications, such as over-the-counter pain relievers, to reduce your pain and improve your quality of life. You could also take other types of drugs that help you sleep and alleviate fatigue. Lifestyle changes, such as exercising more and meditating, could help lower any stress that triggers your symptoms.

Available Benefits from Long Term Disability Insurance

If you’re unable to work for an extended period due to fibromyalgia, you might be eligible for monthly payments through your employer’s long term disability insurance policy. This type of coverage can replace a portion of your lost wages when you’re unable to work. You must have a disabling condition for at least six months to qualify for benefits.

The payments you receive will depend on what’s listed on the policy, but most policies pay around 60% to 80% of your average monthly wages before you became disabled. After you file a claim with your employer’s insurance company, you will have to go through an elimination period, a specified period of time before you receive your first payment. Elimination periods can be anywhere from 30 days to a year, with the average period lasting around 90 days.

Some policies provide benefits for up to two years, while others pay claims until the disabled worker turns 65 years old. In some cases, you could collect benefit payments for the rest of your life, as long as you’re unable to maintain employment.

How to Handle A Denied Long Term Disability Claim

If the insurance company denied your claim for benefits, you should immediately hire an experienced attorney from Abell and Capitan Law. We know the necessary steps to take to appeal their decision, so you can collect the payments you need to supplement your lost income.

When you hire us, we will review the denial letter you received to determine why the insurance company denied the claim. The Employee Retirement Income Security Act (ERISA) regulates all long term disability policies provided by employers to their employees. Under ERISA law, there’s a specific procedure you must follow to appeal a denied claim.

We will need to file an administrative appeal with the insurance company to address the denied claim and request that they review additional evidence. The deadline for appealing their decision is within 180 days from the date on the denial letter.

After filing an appeal, we’ll obtain additional records and documentation to show that you have fibromyalgia and can no longer work as a result. Some of the evidence we’ll collect that could help your case includes:

  • Letters from vocational experts
  • Statements from doctors who treated your condition
  • Additional or missing medical records not included in the original claim
  • A copy of your job description
  • Statements from friends and family about the effect of your diagnosis on your daily life

The insurance company will review all the evidence we submit and issue a final decision. If they deny the administrative appeal, we could move forward with a lawsuit. There is a statute of limitations that must be observed when suing the insurance company to receive long term disability benefit payments. Which statute of limitations applies depends on the state in which you reside. They’re typically between one and six years. Your claim must be filed before the statute of limitations expires.

Contact Abell and Capitan Law for A Free Consultation

At Abell and Capitan Law, our experienced and dedicated lawyers advocate for our clients’ rights and fight for the long term disability insurance benefits they deserve. You shouldn’t suffer financial strain because of the debilitating symptoms caused by your fibromyalgia. We will work hard to recover the monthly payments you need to afford your medical care and living expenses.

We stand up to big insurance companies, so you don’t have to. We know the possibility of pursuing a claim or lawsuit can be intimidating. Without quality legal representation, there’s a higher chance of losing your case. You could encounter obstacles that you don’t know how to overcome or miss a crucial filing deadline. When you work with Abell and Capitan Law, you will receive the legal services, guidance, and support you need to get through this overwhelming experience. We’ll be by your side from beginning to end of your claim.

We take cases on contingency, so you don’t have to pay upfront fees or costs. We won’t collect our legal fees unless we win your case. We don’t get paid unless you get paid. Call Abell and Capitan Law today at (267) 419-7888 if fibromyalgia led to your disability and you want help filing a claim or appealing a denied claim.

Written by : Erik Abell & Joe Capitan

Last Updated: December 22, 2021
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