Fibromyalgia & Chronic Pain LIFE Summer 2013, Issue 9 - Page 26

Legal Update ported symptoms, and although MetLife could have requested the Plaintiff submit to an independent medical examination or functional capacity evaluation, it did not elect to do so, let alone obtain any information therefrom inconsistent with the Plaintiff ’s complaints. Given the absence of any evidence to even raise a question as to Plaintiff ’s credibility, and by demanding “objective” evidence for a disease that eludes such measurement.” See Benecke v. Barnhart, 379 F.3d 587, 594 (9th Cir. 2004), MetLife established what amounted to “a threshold that can never be met by claimants who suffer from fibromyalgia or similar syndromes, no matter how disabling the pain,” see Minton v. Deloitte & Touche USA LLP Plan, 631 F. Supp 2d 1213, 1219 (N.D. Cal 2009). Under such circumstances, MetLife’s denial of Plaintiff’s claim for disability was a determination “without support in inferences that may be drawn from the facts in the record,” and such constituted an abuse of discretion. This is an important decision for future Plaintiffs claiming benefits for disabilities based upon fibromyalgia as well as other related conditions such as chronic fatigue syndrome. The typical denial in a fibromyalgia claim will use language similar to that used by MetLife in the above case, stating that the basis for the claim denial is the lack of “objective evidence.” This case, as well as other cases that have come out of the 9th Circuit, also cited above, stand for the premise that requiring objective proof, for a disease such as fibromyalgia and other related diseases, which cannot be provided, is an abuse of discretion. Disability Insurance Attorneys Dell and Schaefer did not represent the Plaintiff in the above case, but they have represented thousands of claimants in actions against every major disability insurance company nationwide. Rachel Alters, National Disability Insurance Attorney at Dell & Schaefer Law Firm Thanks for Your Facebook comments-Tiffany Draves Owens - Thanks for posting this, I figured this out last year on a trip. I was over whelmed by a flare, and I was blindsided. Thought it was just me. I am newly diagnosed, and am trying to figure it all out. Again thanks for the clarification, as I was dreading making any future travel plans. Kandi Fizer Bradford - I am an RN unable to work due to my FM. However if I could do anything to help, please let me know. Karen Mehl - I’m so grateful for this group. I feel better knowing I’m not the only one! Violet Collins - I am 68 and believe I have had fibro since age 9. Was dignosed in early fifties. Was a nurse and hairdresser. Anything I can do to help I am willing. Lisa Lessig - I totally agree with r 饹ݡѼѽɕи'eɅѡȁ́ͽѡѱѡͽѡхи)́MѠMɕхѥ5ɥ х$ѼɝɅ͍չ͍ɕѥ̸$eЁٕ͔ͽݥѡЁɕи$eЁչхݡͼɽՍ́ѡѼ͔́ٔѡəյ́ͼѡи((ۊɽ共 ɽA()1()MյȀ((0