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Joseph
Joseph, Lawyer
Category: California Employment Law
Satisfied Customers: 5040
Experience:  Extensive experience representing employees and management
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My wife has been diagnosed with Fibromyalgia for over two

Resolved Question:

My wife has been diagnosed with Fibromyalgia for over two years now and she is finding it harder and harder to go to work. She has asked to be placed in a less stressful postilion but they will not. I know each case is unique, but how hard is it to get either LTD or permanent disability on Fibromyalgia ?

thanks

Chad
Submitted: 3 years ago.
Category: California Employment Law
Expert:  Joseph replied 3 years ago.

Iggy1001 :

In order to receive social security disability benefits your wife will need to demonstrate that she is completely disabled and therefore unable to work. It would likely be difficult to prove that she is completely disabled due to Fibromyalgia, but that determination could possibly be made.

Customer:

Is there such a thing as partial disabled ? As some days she can make it in and then others days she can not get out of bed....very inconsistent so hard to keep a regular job.

Joseph :

Unfortunately, if she is partially disabled then she can't receive Social Security Disability, since she would still be considered to be able to work, even if it's difficult for her to keep a regular job. In order to receive disability benefits, she would need to be considered completely disabled and unable to work.

Customer:

What would you suggest she do to help build her case for long term disability ?

Joseph :

If she can receive a diagnosis that she is completely disabled then that would assist her case for long term disability.

Customer:

So it seem like an all or nothing situation.........what advice would you have as she continues to work with her current empoyeer and her condiition to protect herself ?

Joseph :

If she needs an accomodation for her employment due to her Fibromyalgia she should request that of her current employer. If the employer denies her a reasonable accomodation then she could file a claim against the employer for violating the Fair Employment and Housing Act in California.

Joseph, Lawyer
Satisfied Customers: 5040
Experience: Extensive experience representing employees and management
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