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Fibromyalgia

What is fibromyalgia disability law?

Pain disorders, such as fibromyalgia, are real, and yet often, it takes a long time before you are diagnosed, if at all. By then, you could already be suffering serious physical, mental, emotional, and even financial effects. 

Disability insurance should protect you from the occupational and financial impacts of fibromyalgia. However, many claims are denied or delayed, if not disputed and minimized. 

Zayouna Law firm recognizes the hurdles posed by disability insurance claims. We’re here to help you fight your insurer’s decision, and reclaim the benefits you were wrongfully denied. Our lawyers can help you seek every dollar of compensation you deserve to ease the impacts of fibromyalgia.

Why You Need a Fibromyalgia Disability Lawyer

As an “invisible” disability, fibromyalgia is often misunderstood and dismissed as being “made up” and “just in your head.” Many employers and insurance providers are reluctant to provide adequate support and accommodations, and disability benefits. For persons suffering from debilitating pain and discomfort, this added stress causes even more dire physical, mental, and financial effects.

Claim Disability Benefits

In severe cases, fibromyalgia can affect your day-to-day mobility and ability to work — common grounds for long-term disability benefits, underscoring the very purpose of income replacement provided through disability insurance. 

However, claiming these benefits is often a long and even more painful process paved with extensive medical assessments and documentation. And in many cases, claims are disputed and ultimately denied by insurers. Even when claims are successful, the benefit payout is delayed and insufficient for income replacement, let alone treatments and other expenses.

How to File a Fibromyalgia Lawsuit

A denied disability claim should not be the end of the road to recovery and restoring your quality of life. Zayouna Law Firm can help you dispute denied benefits, and seek compensation for your suffering.

With a combination of strong medical evidence, expert testimony, occupational information, and financial proof, you can seek:

  • Lost wages and future earning capacity
  • Damages for pain and suffering exacerbated by denied disability benefits
  • Resources for ongoing care, treatment, and lifestyle.

A fibromyalgia claim provides you with an avenue to prove the debilitating impact of fibromyalgia on your health, quality of life, and occupation. By taking legal action against your insurance provider, you can earn every dollar of compensation you deserve under the law — for the disability benefits you should have received and the losses you suffered in their absence.

Eligibility for Fibromyalgia Claims

Are you or a loved one suffering from fibromyalgia? You should not have to live in constant pain, discomfort, and anxiety over your condition and its impact on various aspects of your life. 

A fibromyalgia claim can fulfill the gaps left by a failed disability insurance policy, providing for your lost income, care, and enjoyment of life. At this time of chronic pain, uncertainty, and enduring trauma, the last thing you need to worry about is being able to provide for your and your family’s basic needs — let alone live.

Who Can File a Claim for Fibromyalgia

Your insurer’s decision is no resolution to your situation — the life-altering impact of fibromyalgia on your well-being, and the persistence of symptoms that continue to affect everyday life and underscore the need for disability benefits and compensation. When considering legal action for compensation, you and your fibromyalgia lawyer can consider these factors:

  • Demographics: Fibromyalgia typically affects more females than males, which can further hinder the advancement of women in the workplace and economically.
  • Cause: Fibromyalgia can occur even without any precipitating event or cause. In some cases, the onset of symptoms can occur after illness, infection, or surgery, or due to psychological trauma or stress.
  • Symptoms and diagnosis: While fibromyalgia is undetectable by x-ray, CT scan, and blood test, doctors consider persistent symptoms, such as muscle and joint pain or increased sensitivity to pressure, tiredness or fatigue, weakness, memory issues, mood changes, headaches and sensitivity to lights, sounds, and smells, and stomach issues.
  • Impact: The symptoms of fibromyalgia can be disruptive to daily life. Interference with work, such as increased absences, as well as ability to function and perform daily activities are typical deciding factors in claiming long-term disability benefits — and the wrongful denial of which is grounds for legal action.

Our Fibromyalgia Disability Claim Process

At Zayouna Law Firm, we understand the struggles of living with fibromyalgia — and we believe that you deserve more than the constant pain, discomfort, and disruptions to your normal life and activities. Our fibromyalgia lawyers are dedicated to resolving your denied disability claim, and ensure you receive the benefits and support you need to navigate life with fibromyalgia.

  1. Consultation: We offer a free consultation to discuss your condition and denied disability claim. We can interpret the letter of denial sent by your insurer and advise you if you have a viable claim.
  1. File a fibromyalgia lawsuit: Our lawyers will represent you in court to prove your disability and its impact on your ability to work. Through extensive medical documentation and evidence, we can prove the need for disability benefits and the harm and suffering caused by your denied insurance claim.
  1. Resolution: We aim to deliver the best outcome — the disability benefits you are entitled to, and compensation for the added suffering caused by a denied disability claim. Our goal is your recovery and improved quality of life. Our fees are contingent, meaning we don’t charge unless we win.

Our Fibromyalgia Disability Law Expertise

Zayouna Law Firm has a long history of representing fibromyalgia patients who have been wrongfully denied disability benefits. Simply, we work for your best interest — not your insurance provider’s. Our combination of vast legal expertise and client advocacy has helped countless rebuild their lives.

  • Results: We measure our success based on yours — recovered disability benefits, and improved quality of life. We work with medical experts and various industry professionals to build a strong claim and fight for every dollar of benefits and compensation you deserve.
  • Relationships: We are proud members of the Ontario Trial Lawyers Association and the Ontario Bar Association. But more importantly, the true measure of our expertise is our client advocacy. We are committed to maintaining constant communication and your full participation throughout the legal process to make informed decisions on your claim.
  • Recovery: Zayouna Law Firm serves you — from disability benefits to recovery and improved quality of life, we are here for you in and out of the courtroom. We care about your well-being and help ensure it by connecting you with rehabilitation experts to assist in your treatment and care.

Fibromyalgia Disability Law FAQs

Yes — you can appeal the denial, and file a legal claim to seek compensation. Commencing a fibromyalgia lawsuit allows you to claim the value of the benefits you were wrongfully denied, as well as compensation for the added losses you have suffered due to a lack of proper disability support.

It is in your best interest to consult a disability lawyer as soon as possible — when you file for long-term disability benefits, or upon receiving a denial letter. Due to limitation periods, you may only have a short period provided under the law to commence legal action and seek the compensation you deserve. Failing to file a claim within this period can leave you without the disability support you need, resulting in dire physical, mental, and financial impacts.

Each claim and diagnosis is different. Generally, it may take a year to settle your claim. 

This depends on several factors, such as the symptoms you experience, the credibility and cooperation of physicians who provide medical evidence to support your claim, and the strength of your legal counsel. 

To build a strong claim and move towards a fast resolution, it’s important to compile exhaustive evidence that supports the losses you have suffered and the need for compensation.

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