New York Disability Lawyer & Attorney : Turley, Redmond & Rosasco : Brooklyn, Queens, Long Island, Nassau, Suffolk, Bronx, Staten Island

It's all in your head!  You do not have "objective medical evidence" of a disabling condition!  Your symptoms are "self reported" and not supported by "testing"!  Any chronic fatigue syndrome (CFS) sufferer whose disability claim has been denied by either Social Security or an LTD insurance company has seen these infuriating phrases before.  As reported by Dr. Sanjay Gupta of CNN last week, a new study and test for CFS may put an end to this injustice.

Despite ample clinical evidence of disability from treating physicians, many ME/CFS and FM patients and couldn't get past "objective evidence" roadblock put up by ERISA disability plan administrators.  Social Security finally caved a few years ago by issuing a ruling telling Administrative Law Judge's that Chronic Fatigue Syndrome claimants did not need objective medical evidence to prove that they were disabled.  Like other auto-immune disorders such as fibromyalgia (FM), lupus and sarcoidosis, CFS is primarily diagnosed based upon the patient's reported symptoms. 

The new study involved stomach biopsies done through endoscopy which revealed a strong association between enterovirus and CFS.   While a confirmatory stomach biopsy might not change the course of treatment for any chronic fatigue syndrome patient, it could be the evidence that long term disability lawyers need to obtain benefits for clients from disability insurance companies.  Gotcha Unum and MetLife!   For any of my disability insurance claim clients fighting a CFS case, I will be sure to tell them to discuss an upper GI endoscopy with their treating physician.  It could mean the difference between winning and losing your long term disability claim.

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   Marie Cocco of the Washington Post has a great column today profiling one of our clients, Jeanmarie DeBiase, the widow of 9/11 hero Mark DeBiase.  While sick police officers and firefighters have received much deserved attention, workers in a variety of occupations, without whom the Ground Zero clean-up could not have been possible, have not received the same level of press.  Mark was a wireless phone technician who set up emergency communications for other 9/11 rescue and first responders and volunteers.  He died on April 9, 2006 due to interstitial lung disease caused by exposure to dust and toxins at the Fresh Kills landfill, where the World Trade Center debris was trucked.  

More importantly, they have not received the same level of medical and monetary support as the police and firefighters.  Many have lost their health insurance for both themselves and their families. Many ill workers continue to struggle as they fight workers' compensation claims being vigorously fought by employers who have forgotten the meaning of the word "compassion".  On this sixth anniversary of the collapse of the Twin Towers, may we all re-dedicate ourselves to helping families who cannot "move on" from September 11, 2001. 

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A Newsday article today details yet another lawsuit against Verizon for cancers and other life threatening diseases caused by Verizon's contaminated nuclear waste property in Hicksville, New York.  It was just a few years ago that Verizon paid out a multi-million dollar settlement to residents in the surrounding area over their increased rates of cancer.  Incredibly, despite their previous settlement with surrounding residents, they state in today's article that the property is not a health hazard!!!  They must be kidding!!!  Thankfully, at least the newest lawsuit is in front of federal District Court Judge Leonard Wexler, a no nonsense jurist who presided over the previous settlement.  Judge Wexler knows where the skeletons were buried by Verizon.

Perhaps Verizon should review the most recent United States Army Corp of Engineers report  before issuing such silly press releases.  Perhaps they should tell this to Senator Chuck Schumer and Congressman Pete King who both have pledged recently to aid in the cleanup. Perhaps they should tell this to the New York Workers' Compensation Board which has already ruled favorably for two workers on the Verizon site.  By denying the obvious, Verizon is besmirching its once good name and entering the "ENRON" class of corporate responsibility.

Does Verizon have no shame? What about Verizon CEO Ivan Seidenberg? How many more victims have to contract cancer due to Verizon's contaminated nuclear property before they accept responsibility for the nuclear and other toxins on the Hicksville site?  Perhaps they have made a cold calculated business decision that its cheaper to pay off a few hundred cancer victims than it is to clean up there own property.   Anyone ever heard of the Ford Pinto cases?  Whatever Verizon's motivations, you can be sure they have more to do with shareholder returns than the health of Long Islanders.

However, assuming Verizon is first and foremost profit motivated, wouldn't it make good financial sense to be a good neighbor as they roll out their FIOS service across Long Island? After all, who would want to buy anything from a known corporate polluter?  Step up and do the right thing - perhaps you will be embraced by residents of Nassau and Suffolk counties looking for an alternative to Cablevision.  Fight to the death (literally) like Magazine Distributors, and I can't think of one New York resident who would want to sign up for FIOS service  (check out how healthy the workers in the FIOS video look...) if they knew their monthly bills went to fight cancer victims.  

Much like Ground Zero workers, the men and women who worked directly on top of this acknowledged nuclear waste site will be getting sick for years to come.  The time has come for Verizon and Ivan Seidenberg to "do the right thing".  Don't count your chickens just yet.  Verizon even fights its own workers' 9/11 related cancer claims!  Anyone have Michael Moore's phone number? Those are my thoughts - what do you think?

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