Is Chronic Fatigue Syndrome a Disability?

Chronic Fatigue Syndrome (CFS), also known as Myalgic Encephalomyelitis (ME), is a complex and debilitating condition characterized by extreme fatigue, post-exertional malaise, cognitive difficulties, and other symptoms that significantly impact a person’s daily life.

If you or a loved one is dealing with the challenges of CFS, you may wonder whether it qualifies as a disability and if you are eligible for disability benefits. This page will shed light on the topic of Chronic Fatigue Syndrome disability, including its recognition by the Department of Veterans Affairs (VA), and how Chronic Fatigue Syndrome and disability benefits can intersect.

Understanding Chronic Fatigue Syndrome:

Chronic Fatigue Syndrome is a chronic illness that affects millions of individuals worldwide. The exact cause of CFS remains unknown, and there is no definitive diagnostic test. However, it is widely accepted as a legitimate medical condition characterized by persistent and debilitating fatigue that is not improved by rest and is often worsened by physical or mental exertion.

Other common symptoms include cognitive difficulties (often referred to as “brain fog”), unrefreshing sleep, muscle pain, joint pain, headaches, and sore throat. The severity and duration of symptoms can vary among individuals. However, CFS often significantly impairs one’s ability to engage in normal daily activities due to sleep disturbances and periods of incapacitation due to fatigue.

Is Chronic Fatigue Syndrome Considered a Disability?

Recognizing Chronic Fatigue Syndrome as a disability depends on various factors and the specific criteria set forth by disability benefit programs. In the United States, the Social Security Administration (SSA) offers disability programs, including Social Security Disability Insurance (SSDI) and Supplemental Security Income (SSI), while the VA provides disability benefits for veterans.

1. Social Security Disability: To qualify for Social Security Disability benefits based on Chronic Fatigue Syndrome, the following conditions need to be met:
   1. Medically Determinable Impairment: You must provide objective medical evidence that supports the diagnosis of CFS. This can include medical records, laboratory test results, and physician reports.
   2. Functional Limitations: It must be demonstrated that CFS significantly impairs your ability to engage in substantial gainful activity (SGA). This involves proving that your symptoms and functional limitations prevent you from performing work-related tasks on a regular and sustained basis.

Meeting these requirements can be challenging for individuals with CFS, as the lack of definitive diagnostic tests and the subjective nature of symptoms may make it more difficult to establish eligibility. However, with proper documentation and the assistance of a knowledgeable disability attorney, it is possible to navigate the process successfully.

1. VA Disability Benefits: The Department of Veterans Affairs recognizes Chronic Fatigue Syndrome as a VA disability, potentially service-connected. To be eligible for VA disability benefits for CFS, you need to establish the following:
   1. Service Connection: You must demonstrate that your CFS is related to an event, injury, or illness that occurred during your military service.
   2. Nexus: A medical nexus, or a link, needs to be established between your current diagnosis of CFS and your military service. This can be done through medical opinions from qualified healthcare providers.

Proving service connection and obtaining VA disability benefits for CFS can be a complex process. Working with an experienced VA disability attorney can significantly increase your chances of success.

Chronic Fatigue Syndrome and Disability Benefits:

Obtaining disability benefits for Chronic Fatigue Syndrome requires a thorough understanding of the eligibility criteria, documentation requirements, and the application process. A skilled disability attorney can guide you through these challenges and ensure that your claim is presented effectively.

1. Assessing Medical Evidence: Your attorney will work closely with your healthcare providers to gather comprehensive medical records, diagnostic test results, and physician reports that establish the severity and persistence of your CFS symptoms.
2. Developing the Case: Your attorney will help build a strong case by carefully documenting your functional limitations, including how CFS affects your ability to perform work-related tasks.
3. Advocacy and Appeals: If your initial claim is denied, your attorney will represent you during the appeals process, ensuring that all necessary documentation is provided, and your rights are protected.

Our Trusted Disability Attorneys are Here to Help

Chronic Fatigue Syndrome can be a disabling condition that significantly affects an individual’s quality of life and ability to work. Establishing CFS as a disability can be challenging due to the subjective nature of symptoms, and how they wax and wane. However, it is still possible to obtain disability benefits through programs such as Social Security Disability or VA disability benefits for veterans.

Seeking assistance from an experienced disability attorney can greatly improve your chances of success by navigating the complex application process, gathering compelling medical evidence, and providing expert advocacy. If you are struggling with Chronic Fatigue Syndrome and seeking disability benefits, contact our knowledgeable team at Slepian Ellexson, PLLC in Phoenix, AZ, to explore your options and secure the support you deserve.