If you have been diagnosed with Chronic Fatigue Fibromyalgia and are receiving Long Term Disability benefits during your own occupation stage, be prepared to have your claim to be challenged and/or denied when the definition of disability changes from “own occupation” to “any occupation.” You will most likely receive a letter from your Long Term Disability carrier indicating that they are going to be reviewing your claim. What that means is that you are being set up for a claim’s denial.
They will be contacting your doctor to determine your restrictions and limitations, they will schedule a functional capacity evaluation, place surveillance film on you and will have your file reviewed by their independent peer reviewed providers. Independent is an oxymoron.
The Long Term Disability carrier may select a physician who has no experience in Chronic Fatigue and Fibromyalgia to render an opinion regarding your restrictions and limitations and/or even consult with your doctor.
If your doctor receives a phone call from your Long Term Disability carrier, ask your doctor not to return the call and you should immediately consult with an experienced Long Term Disability attorney such as Nancy Cavey.
More often than not the Long Term Disability doctor will not be experienced in Chronic Fatigue or Fibromyalgia and will also misquote your doctors opinions. They will try to get your to agree that you can engage in some from of sedentary employment and “voila” use that to justify a claim’s denial.
You must understand that any occupation definition generally means that you are unable to engage in any occupation in the national economy as a result of your condition. That means the Long Term Disability carrier will have to pay you benefits through the life of the policy term. They don’t want to do that!
They also will forward your file to a vocational evaluator to determine that you are capable of working in some capacity despite your diagnosis, disability and functional restrictions and limitations.
If you are receiving Long Term Disability benefits for Chronic Fatigue Syndrome or Fibromyalgia during your own occupation stage and get the “We’re looking at your file,” letter you need to immediately contact a Long Term Disability lawyer, such as Nancy Cavey, specializing in Chronic Fatigue and Fibromyalgia Long Term Disability claims.
Why? It’s better not to wait untill the claim’s denial so that the proper medical evidence can be developed to establish your on going difficulties, prepare you for surveillance, assist you with your Social Security Disability claim and get ready to address all the basis for your claim’s denial. St. Petersburg/ Tampa based Fibromyalgia Chronic Fatigue disability lawyer Nancy Cavey can help you with your Long Term Disability claim.