Guide to Fibromyalgia Claims
What to do if I have Fibromyalgia
If you have Fibromyalgia, your daily life will be disrupted by persistent chronic pain all over your body and a constant feeling of exhaustion. Fibromyalgia impacts many Australians, causing them to feel tired, sore, stiff, and ache all day long.
Numerous symptoms associated with this debilitating condition will impact your ability to do your job, particularly if accompanied by a mental health issue. So how can you survive financially when your ability to work has been compromised? The good news is you may be able to legally claim insurance benefits that help the bills, giving you the capacity to focus on your recovery.
If your ailment prevents you from working permanently, you could have a successful TPD claim; for temporary time off work, you could claim income protection benefits.
How is Fibromyalgia Defined?
Fibromyalgia is a medical ailment causing extensive musculoskeletal pain often triggered by minor stimuli such as smells, sounds, temperature changes and light touch. Fibromyalgia may amplify pain signals by changing how your central nervous system processes painful and nonpainful stimuli.
Some people experience symptoms following a significant event like surgery, physical injury, a major psychological stressor or an infection. For others, the symptoms become progressively worse over time.
If you suffer from this medical condition, you might also experience the following:
- Tension headaches
- TMJ disorders
- Irritable bowel syndrome
- Joint stiffness and pain
- Trouble swallowing
- Chronic fatigue
You may also experience a diagnosed mental illness like:
- Anxiety and depression
- Stress disorders like PTSD
These persistent symptoms will challenge your capacity to perform daily activities and reduce your ability to work.
Can I work if I have Fibromyalgia?
Fibromyalgia causes fatigue; you feel tired, and your muscles have specific spots where pressing them induces intense pain. You can look fine on the outside, but internally your unpredictable flare-ups, exhaustion and headaches can lead to anxiety, depression and other mental health disorders.
You will have trouble working in your usual occupation when your symptoms stop you from performing your everyday task like:
- Sitting or standing for long periods
- Lift or carry objects
- Push, pull or grasp objects
- Trouble bending, lifting and walking
Even minor physical tasks will be challenging due to the frequent tingling and numbness you can experience with this medical condition.
Chronic exhaustion will make it hard for you to focus on any task for an extended period, particularly when associated with neurological impacts. Depending on the nature of your regular employment, a range of symptoms will likely prevent you from earning a living.
How does Fibromyalgia-related mental illness stop me from working?
You will struggle to perform your daily job role when a diagnosed mental illness like stress, depression, anxiety or PTSD accompanies your Fibromyalgia. These psychiatric disorders can trigger short-term memory loss, inability to focus on tasks and blurred thinking.
Is Fibromyalgia considered a disability in Australia?
As a standalone condition, Fibromyalgia may not qualify as a disability in Australia. It would help if you lived with a substantial and permanent disability diagnosed by a medical professional. However, when your illness is associated with other psychological or physically disabling disorders, you could successfully qualify as having a disability.
It is sometimes easier to qualify as disabled with a mental health condition than an illness like Fibromyalgia due to the difference in diagnosis techniques.
Can I have a successful TPD claim for Fibromyalgia?
When your medical condition stops you from working in your regular job, you could have a successful Total and Permanent Disability (TPD) claim. Many Aussies are unaware that they have TPD cover and disability insurance within their superannuation fund to provide financial support when the unexpected happens.
How you acquired your condition is of no consequence. The chief criterion for a successful TPD payout is that Fibromyalgia stops you from doing your everyday job. A medical specialist would provide evidence saying your disability is a barrier to employment in your regular industry.
In most cases, you do not need to qualify as being unemployable in any occupation.
Aussie Injury Lawyers have a 99% success rate for claiming TPD insurance benefits, and they can be substantial, $ 500k being a typical lump sum payout. We provide all our insurance claim legal services on a 100% No Win, No Fee basis. It costs nothing to know if you qualify, and you owe us nothing until we win your claim.
Claiming TPD benefits for a Fibromyalgia Mental Illness
Like qualifying as disabled with the NDIS, it is sometimes easier to claim TPD benefits for a mental illness rather than a physical medical disorder. Proving your incapacity to work can sometimes be simpler when you have a diagnosed psychological or psychiatric disease like:
- Depression and Anxiety Disorder
- Post-Traumatic Stress Disorder
- Bipolar Disorder
- Obsessive-Compulsive Disorder
In this situation, a medical health professional would diagnose your illness and verify your incapacity to work. Contact our friendly legal team now to see if you qualify. It’s free to understand your options.
Can I Claim Income Protection (TTD) for Fibromyalgia?
When your Fibromyalgia is diagnosed as a temporary condition, you could still claim insurance benefits if you have income protection insurance within your superannuation policy (or elsewhere). Sometimes insurance policies are attached to union memberships or other organisations.
In this case, your medical report would show your inability to work temporarily and once approved; you would receive regular payments. If your condition worsens, you could claim your TPD benefits at a future date.
How Aussie Injury TPD Lawyers Help people with Fibromyalgia
Your super fund insurance cover exists to help you in your time of need. However, large insurers often seek to protect their profits before safeguarding your income. You will need informed legal advice from an experienced insurance claim lawyer to ensure you access all your entitlements.
Aussie Injury Lawyers are TPD insurance claim experts backed by our 99% success rate. When we accept your case, you have a high chance of getting your payout. Our 100% No Win, No Fee policy means you carry no financial risk. It’s free to know:
- Your eligibility to claim
- How many claims you could make (some people have multiple)
- Your chance of success
- The value of your claims
- How long it takes to get your lump sum payment
Our legal team will clarify the claims process step by step and when you might access your insurance entitlements.
Australia Wide Insurance Claim Lawyers
When you need expert legal advice for a fibromyalgia-related insurance claim or income protection claim, it’s good to know that Aussie Injury Lawyers are located in all mainland capital cities. Choose your location:
