Autoimmune diseases like Lupus are difficult enough to live with before you take into consideration the complications of trying to obtain disability benefits when suffering from one. In this article, Florida residents suffering from Lupus or other autoimmune conditions can learn:
Doctors often have a hard time diagnosing autoimmune diseases for a number of reasons, which in turn makes it easier for insurance companies to challenge them during disability claims.
For one, there is rarely any specific test to show whether you have a certain autoimmune disease, which means doctors have to diagnose based on symptoms. But the symptoms of many autoimmune conditions can be equally confusing, and different diseases have similar symptoms. And some symptoms, such as muscle aches, are common in many other illnesses.
Auto-immune conditions are also inconsistent in their impacts on the body and your ability to function in an employment context, making them poorly adapted for the standard Social Security Administration’s metrics for determining disability.
During a flare-up, your symptoms may get severe for a shorter or longer period of time. Later on, you may have a remission, which means that your symptoms get better or disappear for a period of time.
Documenting the frequency and duration of each flare will help establish whether you can really work or whether you should qualify for disability benefits.
Attorney Claudeth Henry is a diligent disability attorney based in Ocala, Florida, who has helped countless clients just like you navigate disability claims, including for many different autoimmune conditions.
As a former nurse, Claudeth understands the difficulties of living with disabling conditions better than most attorneys and is determined to help improve society’s understanding and recognition of them, especially when it comes to awarding crucial disability benefits.
Have you or a loved one been diagnosed with Lupus or another autoimmune condition in Florida? Contact CJ Henry Law Firm, PLLC, today to schedule an initial consultation.
While they are complicated and poorly understood, many autoimmune conditions are, fortunately, widely studied and discussed. This means we can look to medical journals and literature to find evidence to support whatever symptoms you are dealing with, including the unpredictability of flare-ups.
Indeed, it is well documented in the literature that individuals with these conditions have periods when they are symptomatic, and other times when they may look perfectly fine. This also occasionally appears in surveillance, where insurance companies monitor you to verify the validity of your disability.
If they happen to do so when you are not going through a flare, the situation will look very different compared to when you are laid up in bed for two or three days during a flare.
Therefore, it is essential to utilize scientific and medical literature to explain both, in conjunction with your personal medical records.
The most effective and persuasive records you can present are those that speak directly to your symptoms and how they relate to the diagnosis. Since there is no specific test to show whether or not you have a given autoimmune condition, and many symptoms are shared by multiple diseases and other conditions, it is vital that your records connect the diagnosis to the symptoms you are experiencing.
For example, if you are suffering from fibromyalgia, you should be able to show medical records demonstrating the requisite tender points that are common under this condition. If you are unsure whether your current records and evidence suffice, you should speak with an experienced disability lawyer to review them or determine what you are still missing.
For all the reasons already discussed, autoimmune condition-based disability claims tend to get denied with tragic frequency, which means there is a strong likelihood you will need to make an appeal. And an appeal may be your last chance, so it is crucial to have strong evidence and a compelling case.
One of the things that can help during the appeals process is to document your symptoms by keeping a diary or a symptom log. Doing so not only helps demonstrate the symptoms that you are having, but also their frequency and duration.
The reason such evidence is so important is that it helps us to establish whether or not you are able to work. If you are having symptoms for three days a week, lasting four hours at a time, that prevents you from being able to work during that time period. It likely means that you are, for all intents and purposes, unemployable and thus eligible for disability benefits.
For more information on lupus and other autoimmune condition disability benefits in Florida, an initial consultation with an attorney is the best step you can take. Get the information and legal answers you are seeking by calling (352) 204-8479 today.
Attorney Claudeth Henry is a diligent disability attorney based in Ocala, Florida, who has helped countless clients just like you navigate disability claims, including for many different autoimmune conditions.
As a former nurse, Claudeth understands the difficulties of living with disabling conditions better than most attorneys and is determined to help improve society’s understanding and recognition of them, especially when it comes to awarding crucial disability benefits.
Have you or a loved one been diagnosed with Lupus or another autoimmune condition in Florida? Contact CJ Henry Law Firm, PLLC, today to schedule an initial consultation.