As FMS, CFS, and MPS begin to get more support and "fame" more people are filling for different forms of disability. Whether a patient is trying to obtain Social Security Disability(SSD) or Social Security Disability Insurance(SSDI) the battle is no easier. Patients can go years with no success, often filled with legal tape and disbelieving judges. In my work the thing I am probably emailed about the most is disability information, so its time to make some space for this important subject. The more informed you are about your rights, and your illness(es) the better you are going to do. Be prepared, and remember don't give up!

Articles for hope

Fibromyalgia Victim Wins Suit Against Disability Insurance Company; Attorney Calls Insurance Practice to Cut-off Benefits 'Widespread and Wrong

SEATTLE--(BUSINESS WIRE)--Nov. 30, 1999--Seattle attorney Steven Krafchick announced victory today on behalf of a disabled woman whose disability insurance company, Paul Revere, wrongly cut off her benefits.

The 52 year old woman was an executive secretary for Noevir Corporation in California, when she was diagnosed with fibromyalgia and chronic fatigue syndrome in 1988. In May of 1992, she was no longer able to work, and began collecting disability benefits from Paul Revere Insurance Corporation. 39 months later, Paul Revere required her to see an "independent" examiner, not a MD but rather a neuro-psychologist, hired by them. That psychologist did not consult with longtime doctors who had been treating the woman, nor did Paul Revere provide the examiner with the woman's complete medical file. He made no psychological diagnosis, and was unable to determine what physical condition prevented Linda from working, as that determination was outside the scope of his expertise.

Paul Revere referred her medical records to other internal doctors (physicians working for the insurance company), who concluded without further examination -- and without consulting MD's who had been treating her for years -- that the woman suffered from a mental disorder.

The woman's policy required Paul Revere to pay for physical disabilities and illnesses until the insured is 65 years old. However, those who are diagnosed with "psychiatric disorders" are only eligible to receive benefits for up to two years. Based on their altered diagnosis, Paul Revere cut off her benefits.

The judgment rendered by Judge Robert Lasnik, Federal District Court in Seattle, orders Paul Revere to pay all back benefits and re-instate her contract benefits. According to attorney Krafchick, "Paul Revere never should have done this to her. My client and her employer paid their premiums. Paul Revere should have honored that contract."

"This is the plight that I see with so many of my fibromyalgia and chronic fatigue syndrome clients. Disability insurance companies target them, and that's wrong," Krafchick continued. "A growing industry of doctors hired by insurance companies help insurance companies justify their ways to avoid paying premiums to their customers. It's a consumer nightmare."

CONTACT:

Krafchick Law Firm
Steve Krafchick, 206/374-7370

www.krafchick.com

Ferry Worker Wins $2.372 Million Verdict Against the State of Washington; Worker Suffers from Severe Fibromyalgia

SEATTLE--(BUSINESS WIRE)--March 3, 2000--Seattle attorneys Steven Krafchick (Krafchick Law Firm) and Robert Kraft (Levinson Friedman Vhugen Duggan & Bland) announced victory today on behalf of a ferry boat worker, disabled with Fibromyalgia after being hurt while working on a ferry boat four years ago. It is believed to be the largest jury verdict ever on behalf of a victim inflicted with post-traumatic Fibromyalgia, a debilitating pain syndrome that emerges from trauma or injury.

Tracy Greenwood, then 37, was carrying a heavy bag filled with sand up a ladder from the bilge of the ferryboat M/V QUINAULT with one hand. The load shifted. One foot slipped on a slick rung. His supervisor reached down and grabbed Greenwood by the overalls, jerking his neck, back and right shoulder.

Greenwood knew he had been hurt, but he had no idea how badly. He continued working for 21 months, as his pain grew worse. His schedule was difficult. He would work for seven days straight, 12-hour shifts, and then he would be off for seven days. During his off-time, he would "lay low" and try to feel well enough to endure the next seven-day shift.

In February of 1998, Greenwood was diagnosed with Fibromyalgia, a debilitating pain syndrome for which there is currently no cure. Its onset is often associated with physical trauma, such as an auto or job site accident. Greenwood has been unable to do any kind of work, and is unlikely to do any type of work in the future. His earnings loss was proven to be $1.1 million, which the state did not dispute. His future medical expenses were proven to be in excess of $100,000.

Attorney Steve Krafchick, one of the country's leading experts in Fibromyalgia, feels the jury verdict was a just one. "This accident ruined Tracy Greenwood's life. He cannot work. He is in constant and severe pain, and will be for the rest of his life," Krafchick said. "I have had many clients with Fibromyalgia, and I feel for them. It's a debilitating syndrome. No amount of money can restore Tracy's good health, his independence and his dignity."

Fibromyalgia advocates view the verdict as historic. National Fibromyalgia Awareness Campaign founder Lynne Matallana, Orange County, expressed delight at the verdict. "This is an important victory in our efforts to help build credibility and awareness for this devastating illness."

Krafchick notes that "those who suffer with Fibromyalgia often are doubly victimized by disability insurance carriers or naysayers who want to believe that this excruciating pain is all in their heads."

Attorney Rob Kraft added, "In this case, the jury did the right thing. Their verdict reasonably and fairly compensates Tracy for the terrible injuries he suffered."

King County Superior Court Judge Sharon S. Armstrong presided over the three-week trial. Attempts to settle the case before trial failed. Before the trial began, the state offered Greenwood $92,500 to settle. His attorneys countered with a $725,000 settlement demand during the trial, and the State rejected that offer. The state has 30 days to file an appeal.

CONTACT:

Krafchick Law Firm
Steve Krafchick, 206/374-7370
www.krafchick.com

OR

National Fibromyalgia Awareness Campaign
Lynne Matallana, Founder, 714/921-0150

OR

PR Ink
India Simmons, 425/742-6926

Rulings on cases Involving CFS

Disability Insurance info from Social Security Administation

Social Security Disability from SSA.gov

New Rules Expand List of Acceptable Sources of Disability Evidence/SSA.gov

The Chronic Fatigue Syndrome:Qualification for Disability Benefits

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