Guest guest Posted June 1, 2008 Report Share Posted June 1, 2008 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/) . Quote Link to comment Share on other sites More sharing options...
Recommended Posts
Join the conversation
You are posting as a guest. If you have an account, sign in now to post with your account.
Note: Your post will require moderator approval before it will be visible.