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The Disability Benefits Information Website

_http://www.cfids-me.org/disinissues/_ (http://www.cfids-me.org/disinissues/)

 

This website is an outgrowth of the internet discussion list, _Disinissues_

(Disinissues/)

_Disinissues/_

(Disinissues/) . We hope that it

can serve as a gathering point for information and advice about the process

of applying for, appealing, and renewing disability insurance from private

Long-Term Disability insurers and the U.S. Social Security Administration

(SSDI).

Skip directly to the _Table of Contents_

(http://www.cfids-me.org/disinissues/#table) .

Because the authors of this page have the disease CFIDS/M.E. (chronic

fatigue syndrome, chronic fatigue and immune dysfunction syndrome, or Myalgic

Encephalomyelitis), the website tends to emphasize information of help to

people

with those and similar disorders. In addition to CFIDS/M.E., we think this

page can be of particular help to those who suffer from Fibromyalgia, Multiple

Chemical Sensitivities, Gulf War Syndrome,Post-Polio Syndrome, Multiple

Sclerosis, Lupus, and other neuro-immunological disorders.

The page currently focuses on the United States legal and welfare systems,

but in time we hope to be able to add or link to information for other

nations.

All of these illnesses can impact severely the cognitive abilities of the

person affected. The complexity, red tape, and endless forms required of the

disability insurance system (both public and private) places a special burden

on those who are so disabled by these diseases that they can no longer work.

The patient finds himself/herself in a situation that she/he never expected,

and never desired -- and is generally left to make their way through the maze

alone.

This page has been constructed by patients who have been through " the

system, " in the hopes it can help others find their way. Opinions expressed

about

particular insurance companies or the social security disability

administration are those of the specific essay authors and are not to be

considered the

responsibility of the webmaster. In the interests of freedom of speech, we do

not believe that open discussion about insurance company practices should be

curtailed. If insurance companies have alternate information, we will be

delighted to post it.

We ask readers to take this information with a grain of salt; this is

intended as information and advice between friends and neighbors in cyberspace.

It

is not, and cannot be, a list for formal legal advice. Readers are always

advised to consult a lawyer before acting on any suggestions received here.

If you have any questions, suggestions for improvements, submissions for

posting on the website, or website URLs to add to our list, please contact us

at

_the Webmaster's address._ (me-cfs) For information about

the email discussion list _Disinissues _

(Disinissues/) , either go to

_Disinissues_

(Disinissues) or _contact the listowners_

(Disinissues-owner ) .

Good luck! You are not alone.

 

__

Table of Contents

* _Basic Information_ (http://www.cfids-me.org/disinissues/#info)

* _Essays on Disability Insurance Issues_

(http://www.cfids-me.org/disinissues/#essays)

* _Help with Forms_ (http://www.cfids-me.org/disinissues/#forms)

* _Court cases_ (http://www.cfids-me.org/disinissues/#court)

* _Legislation to Regulate Private Insurance_

(http://www.cfids-me.org/disinissues/#laws)

* _ " The Disinissues Good Lawyer List " _

(http://www.cfids-me.org/disinissues/lawyers.html)

* _U.S. Social Security Administration Disability Information_

(http://www.cfids-me.org/disinissues/#ssa)

* _Canadian Disability Benefits and EI Information_

(http://www.cfids-me.org/disinissues/#canada)

* _The Disinissues Discussion List_

(Disinissues)

* _Disability Resources on the Web (issues beyond insurance)_

(http://www.cfids-me.org/disinissues/#resources)

 

__

Basic Information

* _The Disinissues FAQ:_

(http://www.cfids-me.org/disinissues/faq.html) Definitions of commonly used

acronyms and explanations of terms used in

disability insurance issues

* _Disinissues_ (Disinissues/) - an

email discussion list for Disability Insurance Issues

* _SSDI FAQs, by Douglas Smith, Attorney_

(http://www.disabilityfacts.com/faqs.html)

(http://www.cfids-me.org/disinissues/#table)

__

Essays on Disability Insurance Issues

* _ " Trust Law as Regulatory Law: The UNUM/Provident Scandal and

Judicial Review of Benefit Denials under ERISA, " _

(http://www.cfids-me.org/disinissues/discandal.pdf) by John H. Langbein,

Professor, Yale Law School. Yale Law

School John M. Olin Center for Studies in Law, Economics, and Public POlicy,

Reearch Paper No. 329 and Yale Law School PUblic Law and Legal Theory

Research Paper No. 118. Thanks to the Social Science Research Network

Electronic

Paper Collection at _http://ssrn.com/abstract=917610_

(http://ssrn.com/abstract=917610) .

* _Subjective Symptom Disability Claims: CFS, FMS, and MCSS_

(http://www.cfids-me.org/disinissues/dicases.html)

* " Obtaining Disabilitiy Benefits " by attorney Scott Davis, for

Chronicfatigue.about.com -- Click here for_ Part I: David and Goliath?_

(http://chronicfatigue.about.com/library/weekly/aa061699.htm?pid=2750 & cob=home)

and here

for _Part II: Disability Claim Killers - What you don't know could be fatal

to your claim!_

(http://chronicfatigue.about.com/library/weekly/mcurrent.htm?pid=2750 & cob=home)

..

* _ " Delays, Denials and Deceptions:_

(http://www.cfids-me.org/disinissues/ins1.html) The truth about LTD insurance "

by Annie Bloom.

* _ " Unconscionable Behavior:_

(http://www.cfids-me.org/disinissues/ins2.html) UNUM's response to CFIDS claim

is appalling, " by Benjamin Havens, Jr

* Prognosis for Recovery from Severe Impairment and _Qualification for

Disability Benefits_ (http://www.cfids-me.org/disinissues/aish.htm)

* _ " Guilty until proven innocent: Dealing with a flawed SSDI

Application process, " _ (http://www.cfids-me.org/disinissues/ssdiflaws.html) by

Mary

Schweitzer

 

__

Help with Forms

* _Sample SSDI application_ (http://www.cfids-me.org/socsec.html) for

Chronic Fatigue Syndrome (CFIDS) patient.

* _ " How I answered Section 8 questions, " anonymous author_

(http://www.cfids-me.org/disinissues/sec8.html)

* _ " Suggestions for Filing CFIDS LTD Claims, " by Annie Bloom_

(http://www.cfids.org/chronicle/96fall/ltd-tips.html)

* _Physicians' Disability Services, Inc._

(http://www.disabilityfacts.com/)

(http://www.cfids-me.org/disinissues/#table)

__

Court cases

* _FindLaw's guide to government legal sources_

(http://guide.lp.findlaw.com/10fedgov/index.html)

* _ " Case Law Excerpts Which Pertain to Cfids/ Fibromyalgia, " Alec

Sohmer, Attorney_ (http://disabilityassistance.lawoffice.com/caselaw.htm)

* _ " How to Sue Your LTD Insurance Carrier in U.S. Federal Court Without

an Attorney (Pro Se) " _

(http://personal.riverusers.com/~searcher/help/sue.html)

* _Friedrich v. Intel_ (http://laws.findlaw.com/9th/9716623.html) --

U.S. 9th Circuit Court of Appeals, San Francisco, CA (filed 6/29/99) finds

" Intel failed to comply with [ERISA] when it denied Friedrich's claim for long

term disability benefits " ; for Chronic Fatigue Syndrome, upholding lower court

decision granting Friedlich independent " de novo " ; review, which then

approved her claim.

* _Judith Lang v. Standard Insurance_

(http://www.cfids-me.org/disinissues/decision.html) -- Long-term Disability

Insuror at fault in denying claim

that patient had fibromyalgia, a physical ailment, insisting instead she

suffered from " stress. " -- California

* _Mitchell vs. Eastman Kodak_

(http://www.cfids-me.org/disinissues/rule1.html) -- U.S. Appeals Court rules

that " objective medical evidence "

unnecessary in awarding Long Term Disability if sufficient objective evidence

exists, medical or not.

* _Ladd vs. ITT and Met Life _

(http://www.cfids-me.org/disinissues/rule2.html) -- ERISA suit overturns the

denial of Rebecca Ladd's claim for

disability benefits because, among other things, Met Life paid for an attorney

to

help Ladd get Social Security Disability Insurance.

* _Reddick v Chater, U.S. 9th Circuit Court of Appeals, No. 9715111;

October 6, 1998_

(http://caselaw.findlaw.com/cgi-bin/getcase.pl?court=9th & navby=case & no=9715111)

-- Patient with CFS wins Social Security Disability

benefits; court rules that ALJ used wrong sources of information in making

original

denial.

* _ " Subjective Symptom Disability Claims: CFS, FMS, and MCSS " _

(http://cfids-me.org/disinissues/dicases.html) , by Rick Lawrence, attorney for

UNUM

-- the view from the " other side " of the disability contract; includes a

number of references to court cases.

* _Pappas v. Asbel, Supreme Court of Pennsylvania, Eastern District,

December 23, 1998_ (http://www.harp.org/pappas.htm) -- Court dismisses HMO's

claim for protection from tort cases under ERISA; technically a health

insurance case but ramifications for disability insurance.

* _Ray A. O'Bryhim v Reliance Standard Life Insurance, 4th Cir.

Virginia, 1999_ (http://pacer.ca4.uscourts.gov/opinion.pdf/981472.U.pdf) --

Reliance lied to the court in the original District Court Hearing stating that

claimaint was not put under surveilence when in fact he had been, and Reliance

disregarded the District court's finding's of fact that Mr. O'Bryhim was

disabled by CFS and the date of his disability. Reliance changed the courts

findings

and paid Mr. O'Bryhim under the mental illness portion of the plan so they

could limit losses to two years. Court finds bad faith by Reliance and under

ERISA grants attorney fees to Mr. O'Bryhim plus decsion in his favor.

* _UNUM memo on subjective symptom disability claims_

(http://www.cfids-me.org/disinissues/dicases.html#essay)

(http://www.cfids-me.org/disinissues/#table)

__

Legislation Relating to Private Long-Term Disability Insurors

* _New Jersey CFS Law_ (http://idt.net/~njcfsa/UPDATE.html#bill3) , pas

sed April 1999, establishes funds to create a program of public awareness

and health education, including a manual, that should be useful for those

seeking disability for CFS in that state.

* _Model State Legislation to Ban Discrimination in Sale of Long Term

Disability Insurance (Massachusetts initiative)

* U.S. Department of Labor initiative to reform ERISA_

(http://www.cfids-me.org/disinissues/federisa.html)

* _Response by former Insurance Committee of WECAN to U.S. Dept. of

Labor ERISA Questionnaire, fall 1997_

(http://www.cfids-me.org/disinissues/dolerisa.html)

(http://www.cfids-me.org/disinissues/#table)

__

Information on U.S. Social Security Disability

* _Official Social Security Administration guidelines for Chronic

Fatigue Syndrome_ (http://www.cfids-me.org/disinissues/ssa0499.html) , as

published in the Federal Register April 30, 1999.

* _The Electric Law Library's Lawcopedia® on Govt Benefit Programs_

(http://www.lectlaw.com/tgvb.htm)

* _Pat Johnson's useful collection of important Social Security files

for doanloading and printing._ (http://users.cwnet.com/patj

ohns/downloads/files.html)

* _Applying for Social Security Disability Insurance, compiled by Linie

Moore_ (http://www.cfids-me.org/disinissues.apssdi.html)

* _Policy Directive RSA-PD-97-04 DATE: August 19, 1997_

(http://www.cfids-me.org/disinissues/poldir.htm)

* _U.S. Social Security Online_ (http://www.ssa.gov/SSA_Home.html)

* _ " Understanding SSI, " published by the Social Security

Administration_

(http://www.ssa.gov/notices/supplemental-security-income/text-understanding-ssi.\

htm)

* _Social Security Disability Information from the CFIDS Association

of America_ (http://www.cfids.org/disability.html)

* _RWH & L, P.A., Social Security Disability General Information _

(http://www.rwhl.com/practice/socialsec.html)

(http://www.cfids-me.org/disinissues/#table)

__

Canadian Disability Benefits and EI Information

* _ " The Law Zone " of ME-CFS Canada_

(http://fm-cfs.ca/law/Legal-Index.html)

* _Disability Information from the National ME/FM Action Network of

Canada_ (http://www.mefmaction.net/Default.aspx?Page=disabilities)

(http://www.cfids-me.org/disinissues/#table)

__

Disability Resources on the Web

* _Disability Resources Monthly's guide to Disability Resources on the

Net_ (http://www.geocities.com/~drm//index.html)

* ADA-Law -- Discussion list for legal queries and

issues relating to the Americans with Disabilities Act; for information on

subscribing, write to _the listowner_

(ada-law-request) , or send a message with "

ADA-Law [insert your name] " in the

body to _listserv_ (listserv) . The

list is also available as a bulletin board.

* _The Invisible Disabilities Website_

(http://www.orci.com/~invisible/index.html)

* _The 'lectric Law Library's Lawcopedia® on Govt Benefit Programs_

(http://www.lectlaw.com/tgvb.htm)

* _Physicians' Disability Services, Inc._

(http://www.disabilityfacts.com/)

(http://www.cfids-me.org/disinissues/#table)

__

For information about the disease ME/CFS, go to _The CFIDS/M.E. Information

Page_ (http://www.cfids-me.org/)

Click here to _contact the Webmaster._ (me-cfs) This

page is owned and maintained by Mary Schweitzer, with help from a committee

from

the discussion list _Disinissues_

(Disinissues/) .

 

 

 

 

 

 

 

 

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