Chronic Fatigue Syndrome Disability Claims
Handled By Our San Francisco Long Term Disability LawyersChronic 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 CFSIndividuals 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 CFSThe 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 ClaimsAt 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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Verdicts & Settlements
We've recovered millions for our clients
The husband and father of 4 young children was working at a construction site when he died because of another contractor's negligence. After more than two years of hard fought litigation, our team of experts was able to win a tremendous victory on behalf of our clients and ensure that all of their financial needs will be met. We could not bring back the husband/father for this family, but we were able to protect them from the financial devastation that can and often does result where the primary source of income for the family is taken away. We then worked with our team of financial planners to make sure that this family will always have financial security.
$10,000,000Bad 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.
$5,750,000Traumatic Brain Injury
A 16 year old developmentally disabled kid was hit by a bus while in a crosswalk. He suffered a concussion which turned into post concussive syndrome, where the symptoms of the concussion don't heal completely. This is also known as a mild Traumatic Brain Injury ("mTBI"). Our firm was hired as trial counsel 6 months before trial because of our expertise in TBIs as well as cutting edge trial techniques. When we first associated into the case, there was a very minimal settlement offer and it did not appear that the Defense was taking the case seriously. Our team of attorneys, experts and staff immediately immersed ourselves in the case as we prepared to demonstrate the catastrophic consequences of this incident. Shortly before trial, the Defense could see that we had put all the pieces together to prove liability and that full justice for our young client required damages in the many millions of dollars. The matter settled for $5,750,000.
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.
$2,000,000Traumatic 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.
$1,800,000Heart 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.
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.
$1,000,000Heart 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
$1,000,000Traumatic 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.
$985,000Traumatic 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.
$975,000Aviation 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.
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.
Words of Praise from Our Clients
“I had the pleasure of working with Sharon Delfino on my workmens comp case. She definitely had my best interest at hand. She was able to find me a great doctor and help me resolve my case. The staff there are always polite and friendly, never had an issue. It was a pleasure working with Delfino Green & Green !”- Tabitha W
“I’ve known the firm’s founder, Bill Green, for many years and I can say that he is one of the best attorneys I’ve had the pleasure of working with. He and his associates at Delfino Green & Green are hard-working, highly responsive, and very professional, and they get the job done, without excuses. Bill is a great communicator, both with clients, and in Court, and invests time and money to include visual storytelling in his trials and mediations. You won’t find an attorney who cares more about you, and getting you an outstanding result for your case. Bill is one of the “good guys” in the legal profession…a great person to have on your side when dealing with the craziness of litigation.”- Tim M
“A few years ago, I referred a friend of mine to the attorneys at Delfino Green & Green. He was extremely happy with the job they did on his case. He was severely injured when a car hit him when he was crossing a street and this event had the potential to ruin him in a number of ways – financially, physically, emotionally, etc. We kept in close contact during the lawsuit and he told me how great his lawyer and his assistant were throughout the process. Caring, compassionate and very knowledgeable. My friend ended up with a great result – fair financial compensation and great treatment for his injuries. Little did I know when I referred my friend that a few years later, I would need a lawyer for injuries I suffered, but I did. Based on my friend’s experience, I knew that Delfino Green & Green would be the right attorneys for me. So I hired Bill Green and his team to help and they jumped right into action. Now I can saw that I too have firsthand knowledge of just how great these guys are. They knew the law, they knew just how to handle my particular case, and they helped me get my life back after the horrible events that lead to my injury. I can’t imagine that you could do any better than hiring these folks. I’m so grateful for all they did for both me and my friend.”- Evelyn A
“The work Delfino Green & Green did on my case was beyond excellent. The final result was superb, but I also truly appreciated how Mr. Green and the team kept me up-to-date at every stage of the case. I was able to reach someone whenever I needed something or had something important to report and the firm always let me know what was going on in my case. That was very important to me because I hadn’t found that to be true with other attorneys. In short, really top flight work, great people and results that met all of my expectations above and beyond.”- Byron H
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