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Chronic fatigue syndrome (CFS) is a condition that is characterized by extreme and continued tiredness. Rest does not relieve the symptoms of CFS, which include drowsiness, headaches, muscle pain, joint pain, and more. Many individuals suffering from chronic fatigue syndrome find it difficult or impossible to hold a job. If you have been diagnosed with CFS and are subsequently unable to work, talk to a San Francisco long term disability lawyer from Delfino Green & Green today.
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Seeking Disability Benefits for CFS
Individuals who are diagnosed with chronic fatigue syndrome (CFS) and are unable to work may seek disability benefits through the Social Security Administration (SSA). Unfortunately, even with a professional diagnosis of CFS, it can be difficult to successfully obtain long term disability benefits. That is why it is important to work with a lawyer who understands what medical evidence and information are needed to successfully seek long term disability benefits on behalf of a disabled client.
An attorney can help you at all stages of the claims process, including the:
- Initial claim filing
- Appeal filing
- Lawsuit and litigation
- Appeal filing at the US Court of Appeals
How Does the Social Security Administration Define & Diagnose Chronic Fatigue Syndrome?
The Social Security Administration uses the definition of Chronic Fatigue Syndrome provided by the Centers for Disease Control and Prevention (CDC). According to the CDC, CFS is characterized by persistent fatigue with a definite date of onset, no mental or physical causes, and cannot be alleviated by rest or sleep. CFS must have a substantial impact on a person’s ability to work, study, or have social interactions.
Likewise, a person must exhibit at least four of the following symptoms for at least six months to be diagnosed with CFS:
- Severe memory or concentration problems
- Frequent sore throats
- Tender and/or swollen lymph nodes in the neck or underarm
- Muscle pain
- Pain in multiple joints without redness or swelling
- Headaches that are different than experienced before the onset of chronic fatigue
- Waking unrefreshed from sleep
- Feeling generally unwell for a period of at least 24 hours after exerting oneself
Medical Records Required for Proving CFS
The SSA requires these symptoms to be reflected in medical records with proof that they did not begin prior to the onset chronic fatigue for a diagnosis of CFS. In addition, your CFS must be established as a “medically determinable impairment” (MDI) through medical records or laboratory testing.
The SSA provides some examples of acceptable evidence in medical records that a patient has an MDI:
- Swollen lymph nodes
- Sore throat with fluid
- Muscular pain or tenderness reported in multiple examinations
- Positive test for Epstein-Barr virus
- Abnormal MRI, stress test, or sleep study results
- Written statements from treating doctors regarding your condition
Experienced Representation For CFS Disability Claims
At Delfino Green & Green, we can assist with both long term disability ERISA and non-ERISA claims, as well as appeals. When you come to our law office for a free consultation, we will listen to your story to understand how your disability affects your life. Then we will discuss with you the ways we can help you seek the benefits you need and deserve.
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