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Your Psychiatric Exams, Fibromyalgia and Chronic Fatigue Claims

CaveyLaw.com > Fibromyalgia Disability Claims  > Your Psychiatric Exams, Fibromyalgia and Chronic Fatigue Claims

Your Psychiatric Exams, Fibromyalgia and Chronic Fatigue Claims

Long Term Disability carriers may accept the diagnosis of chronic fatigue and Fibromyalgia yet deny a claim on the basis that you are employable.

It is not uncommon for Long Term Disability Insurance companies to have an “independent paper review” by a physician who has been hired by the carrier. More often than not this paper review, or even an independent medical evaluation physician who has been hired to evaluate, will conclude that you meet the diagnostic requirements requiring fatigue. However, they will claim that despite having the physical and psychiatric limitations normally seen in Chronic Fatigue Syndrome case, you still have the capacity to function in a sedentary occupation or with general accommodations.

It is not uncommon for the Long Term Disability carriers paper review or independent medical examination doctor to conclude that you are “1. Functioning at higher than average intellectual level, 2. Have greater than average functioning, 3. Demonstrate an ability to analyze and organize thoughts in a cogent fashion and 4. Documented with a level of higher executive functioning.” Smith v. Reliance Standard Life Insurance Company 322f.supp.2d (1168) (D. Colorado 2004).

How do your Long Term Disability lawyers such as Nancy Cavey rebut this outrageous conclusion?

Your psychological evaluation can document problems that you are having with concentration, fatigue, duration and other cognitive factors impairing your ability to return to work.

The problems of Fibromyalgia and Chronic Fatigue sufferers are not just physical symptoms, but symptoms and problems that will interfere with your ability to function. You know what those problems are. You have to make a list of things such as: having difficulty following instructions, having difficulty doing complex tasks, having problems sequencing, etc. Those things can be measured in your psychological testing.

If you suffer from Chronic Fatigue or Fibromyalgia and a Long Term Disability carrier is scheduling you for a physical examination or your claim has been denied, contact Nancy Cavey, a Long Term Disability lawyer who specializes in Fibromyalgia and Chronic Fatigue disability claims.

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