Essex Richards regularly represents individuals who are suffering from fibromyalgia and have been denied short term or long term disability (STD or LTD) benefits. We understand that this condition can be debilitating; often causing chronic muscle and joint pain, fatigue, cognitive problems (frequently called “fibro fog”), depression, stress, and anxiety. Despite these physical and mental symptoms, insurers frequently deny benefits to individuals with fibromyalgia, often due to the insurer’s assertion that there are no specific diagnostic tests to objectively confirm the presence and/or severity of fibromyalgia. However, many courts have held that the “trigger point” or “pressure point” test is an objective test for fibromyalgia. To be diagnosed with fibromyalgia, there must be pain in at least 11 of the 18 trigger points. Even with a positive trigger point test, insurers still remain skeptical of fibromyalgia disability claims. Therefore, individuals that are unable to work due to fibromyalgia face unique challenges in obtaining disability benefits. We are familiar with these challenges and can provide the guidance claimants often need to successfully navigate through the process of obtaining disability benefits.
