Legal disability with fibromyalgia

Fibromyalgia is a condition that's known to cause widespread pain in the muscles, fatigue, insomnia, morning stiffness, fogging of mental clarity, depression, and anxiety. While there are many cases where it's claimed that diagnosing someone with this syndrome is impossible, the U.S. government has established it's acceptance of this syndrome.^[1] The diagnosis does have to meet the criteria set forth by the American College of Rheumatology.^[2]

The symptoms of Fibromyalgia do vary in intensity depending upon each patient in particular. For some working with Fibromyalgia takes a little adaption while others find it impossible to work with this syndrome.

Contents 1 Applying for disability due to fibromyalgia 1.1 Short term disability & fibromyalgia 1.2 Long term disability & fibromyalgia 2 Working with fibromyalgia 2.1 Changes that make it easier to work with fibromyalgia 2.1.1 Open communications 2.1.2 Consider telecommuting 2.1.3 Embrace a mid-day nap 2.1.4 Seek out opportunities to make up loss of work days 3 What employers can do to help employees with fibromyalgia 3.1 Assisting employees with concentration issues 3.2 Assisting employees with coordination issues 3.3 Assisting employees with depression and anxiety 3.4 Assisting employees with fatigue and weakness 3.5 Assisting employees with fine motor impairment 3.6 Assisting employees with migraines 3.7 Assisting employees with skin sensitivity 3.8 Assisting employees with temperature sensitivity 4 Hiring a fibromyalgia disability lawyer 5 References

[edit] Applying for disability due to fibromyalgia

When one becomes unable to work due to Fibromyalgia it may be time to look into the disability options that are available. There are two forms of disability which can be obtained when one is unable to work due to a medical condition.^[3]

[edit] Short term disability & fibromyalgia

This is the option that most seek out when they need a break from going to work in an effort to reduce stress and get the sleep that they need in order to battle Fibromyalgia effectively. This is obtained by contacting the Human Resources department of one's employer and following the short term disability application process that they set forth. The employer will be required by the FMLA (Family Medical Leave Act) to keep one's position open for 2-3 months as long as they have 50 or more employees.

[edit] Long term disability & fibromyalgia

There are two forms of long term disability. This includes private long term disability that's offered through your employee and Social Security Disability Insurance which is offered by the United States government. Long term disability should be sought out only when one needs to be off from work for an extended period of time. This can be applied for through the Social Security Administration and it does have certain steps that must be followed in order to prove that the disability is one that directly affects one's ability to work.

[edit] Working with fibromyalgia

Those who are able to work with Fibromyalgia have made it possible by making certain adaptations in the way that they do things.^[4] This includes managing their own pain and reducing their stress levels. Usually those with Fibromyalgia that are working experience a milder form of this syndrome.

For those with a more severe case of Fibromyalgia it may not be possible to work due to the excruciating levels of pain and inability to stay alert due to the fatigue that Fibromyalgia is known to cause. This is when one should seek out their options when it comes to filing for a disability due to Fibromyalgia.

[edit] Changes that make it easier to work with fibromyalgia

Working with Fibromyalgia may seem like an impossible task. However, many people suffering from Fibromyalgia have found it as easy as making a few changes in their work life. ^[5]

[edit] Open communications

Be open about the condition with colleagues and supervisors. Make them aware that one that has Fibromyalgia will have good days as well as bad days. This will help them better understand what one with Fibromyalgia has to go through and it will also let them know what they can do in order to help make it a little easier.

[edit] Consider telecommuting

Fibromyalgia can be managed better at home in some cases. Working at home is a lot easier thanks to the innovation of modern technology that has changed the world. Consider requesting the opportunity to work at home in an effort to make it easier to complete the needed tasks while effectively managing Fibromyalgia.

[edit] Embrace a mid-day nap

Mental clarity is known to improve among those with Fibromyalgia if they take a nap during the day. Try to open up this possibility so that it can be done. The odds are that it will allow one to focus a lot more on the tasks in front of them.

[edit] Seek out opportunities to make up loss of work days

One with Fibromyalgia may lose days of work due to their condition flaring up. When this happens it's best to see if one can come in on their day off to make up for it.

[edit] What employers can do to help employees with fibromyalgia

Fibromyalgia makes it difficult for one to work, but they don't have to have an even harder task by working somewhere that's not "fibromyalgia friendly." There are several things that employers can do in order to help make it easier on their employees who have to constantly battle this condition.^[6]

[edit] Assisting employees with concentration issues

• Give each job assignment a priority.
• Implement a method of organizing all job assignments.
• Allow an employee with fibromyalgia the ability to pace themselves.
• Make scheduling as easy as possible.
• Eliminate any distractions in the workplace.
• Provide employees with written job assignments.
• Keep employees informed of any upcoming deadlines.

[edit] Assisting employees with coordination issues

• Make the workplace an environment that's easy to access.
• Install automatic doors.
• Provide the employee with parking that's close to the building.
• Make the entrance as easy to access as possible.
• Give them a work area that's close to office equipment, break rooms, and restrooms.

[edit] Assisting employees with depression and anxiety

• Train other employees on sensitivity.
• Provide time off for the employee to seek counseling and therapy.
• Inform the employee that breaks are available if they want to pursue stress management techniques.
• Allow the employee to call their doctor(s) and anyone else that they use for a line of support.
• Inform them of counseling options and EAPs (Employee Assistance Programs).
• Clearly inform the employee of what's expected of them.
• Reduce the amount of stress associated with the job.

[edit] Assisting employees with fatigue and weakness

• Reduce or eliminate work that's physically demanding.
• Provide the opportunity to work from home.
• Allow employees with fibromyalgia to rest when needed.
• Design the workplace to feature ergonomic designs.

[edit] Assisting employees with fine motor impairment

• Embrace ergonomic workplace designs.
• Provide writing and grip assistants.
• Ensure that their chair has arm supports.
• If they use a computer, make sure the proper support is provided for the wrists and hands.

[edit] Assisting employees with migraines

• Provide task lighting and eliminate fluorescent lights.
• Provide an air purifier.
• Provide flexibility in working hours.

[edit] Assisting employees with skin sensitivity

• Avoid exposing them to chemicals or cleaning agents that can become infectious.
• Ensure that they use protective clothing when working with any type of chemicals.

[edit] Assisting employees with temperature sensitivity

• Ensure proper maintenance of the ventilation system.
• Change the temperature of the workplace to where they can feel comfortable while working.
• If it becomes extremely cold or hot outside, give them flexibility in their work hours or provide them with the opportunity to complete their work from home.
• Be flexible in the dress code.
• Provide them with a fan or portable heater to use in their work area. You can also redirect the vents if this poses an issue.
• Give them an office where they have the ability to control their own workplace temperature.

[edit] Hiring a fibromyalgia disability lawyer

When getting a disability due to Fibromyalgia seems like something that's only making one run circles than an attorney should be considered. When hiring a Fibromyalgia disability attorney it's recommended that one chooses someone that is proven to have success in Fibromyalgia law. The reason for this is that this is a very technical area of the law and it does require knowledge and experience with Fibromyalgia cases in order to be taken on in an effective manner.

Most of the time a Fibromyalgia attorney will only charge a percentage of the settlement obtained. This means that they won't charge a retainer up front as you'll only have to pay for successful results.

[edit] References

1. ↑ http://www.niams.nih.gov/Health_Info/Fibromyalgia/default.asp#d
2. ↑ http://www.rheumatology.org/practice/clinical/patients/diseases_and_conditions/fibromyalgia.pdf#search=%22fibromyalgia%22
3. ↑ http://www.everydayhealth.com/fibromyalgia/101/fibromyalgia-and-disability.aspx
4. ↑ http://www.webmd.com/fibromyalgia/guide/fibromyalgia-work-and-disability
5. ↑ http://www.webmd.com/fibromyalgia/guide/fibromyalgia-work-and-disability
6. ↑ http://askjan.org/media/Fibro.html

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