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A COVID-19 Update From Bill

Chronic Fatigue Syndrome Disability Claims

Handled By Our San Francisco Long Term Disability Lawyers

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.

We offer free case evaluations with our experienced attorneys, so call us at (415) 466-8544.

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.

Contact us today to speak with one of our knowledgeable long term disability lawyers in San Francisco.

Verdicts & Settlements
We've Recovered Millions for Our Clients

  • $10,000,000 Bad Faith Insurance Claim
    Insurance Coverage/Bad Faith Bad Faith – Pollution Coverage Prior to forming his own firm, Mr. Green worked at one of the largest and most prestigious firms in the U.S. He was the primary attorney on an environmental insurance case that went to trial in San Francisco. After a several week trial, Mr. Green came away with a trial verdict against the insurers with a value of over $10,000,000 in available insurance coverage.
  • $2,400,000 Disability Claim
    Disability – Neurological Issues Our client became disabled from neurological issues. Our attorneys were able to work with the client and his physicians to quickly assemble all of the documentation necessary to support out client’s claim of total disability. The insurer agreed that our client was totally disabled and paid his claim.
  • $2,000,000 Traumatic Brain Injury
    Traumatic Brain Injury to Child A three year old child was being carried across the street when she was struck by an oncoming car. The child suffered a serious traumatic brain injury when she hit the ground. Her injuries were so serious she had to be hospitalized for several months. Our firm negotiated a settlement of $2,000,000 by forcing the payment of all of the available insurance from the driver’s automobile insurer ($1,250,000), the entire amount of the homeowners insurance limits available ($500,000), and all of the amounts that the person carrying the little girl was able to recover from the negligent driver ($250,000). We then arranged for another firm to prepare and fund a large Special Needs Trust for the health and welfare of the injured child.
  • $1,800,000 Heart Condition Disability
    Our client became disabled by a heart attack. The insurer refused to pay, claiming that our client was still able to perform his occupation. We met with all of our client’s doctors, obtained reports confirming the client’s inability to perform his prior occupation, and ultimately convinced the insurance company to pay the claim in full.
  • $1,700,000 Builder’s Risk/Collapse

    A contractor suffered a severe collapse at one of his sites. The claim was submitted to the insurer and denied. Mr. Green reviewed all of the facts, researched the law, and brought together the necessary experts to prove that the Contractor’s Builders Risk insurer was responsible for a substantial portion of the loss. He also proved that a subcontractor was negligent and the subcontractor’s insurer also paid a substantial settlement. In total, Mr. Green was able to obtain more than $1,700,000 in compensation for his client.

  • $1,000,000 Heart Condition Disability
    Our client had worked for the government for many years when she began suffering from a serious heart condition. All of her doctors told her that she could no longer work and if she continued to do so, she would be risking further injury to her heart or even death. Based on thi
  • $1,000,000 Traumatic Brain Injury

    Our client suffered a mild Traumatic Brain Injury when heavy object struck her in the head. The responsible party denied all fault and insisted until the very end that our client had not suffered a brain injury and offered nothing to settle the case. Our firm assembled a team of world renowned expert‘s to demonstrate that our client had suffered a mild Traumatic brain injury. The case settled shortly before trial.

  • $985,000 Traumatic Hand Injury

    Our client was working at a manufacturing plant. While operating a piece of machinery, his glove became caught in the machinery and part of his hand was severely injured. Ordinarily, this type of injury would be restricted to remedies available through Worker’s Compensation. However, through the knowledge, ingenuity, and creativity of our team of attorneys, we were also able to obtain a very substantial civil settlement for our client in addition to the workers comp settlement of his case.

  • $975,000 Aviation Death Settlement
    A husband and father of two small children was killed in an aviation accident involving a small aircraft. Our firm represented the widow and two children against the pilot of the aircraft. By hiring experts in aviation (to prove negligence) and economists (to prove damages), and utilizing William Green’s expertise as an instrument-rated pilot, we were able to make a very powerful case and obtain a very favorable settlement that allowed the family to survive financially.
  • $700,000 Forklift Accident
    A construction supervisor went to pick up some materials for a construction job. A worker at the yard neglected to set the parking brake on a piece of heavy equipment a few yards away. While the construction supervisor had his back turned, the machine rolled into him, pinning him against the side of his pick-up truck. He suffered several broken ribs, but that was the least of his injuries. Within several weeks of the accident, he had partially lost his sight. By working with medical experts, our firm was able to directly connect the sight loss to the injuries caused by the machine that rolled into our client. The case settled at Mediation without any need for a trial.

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