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

Tomorrow begins the "Wild West"  Medicare plan open enrollment period for Social Security disability recipients.  Social Security disability recipients entitled to Medicare can change their Medicare Advantage plan and Medicare Part D prescription drug coverage plan between November 15, 2008 and December 31, 2008.  But be careful!  Pick the wrong plan, and you could lose your current doctor, or worse!

Choosing the right Medicare Plan and prescription drug plan for you is more difficult, in my opinion, than picking a good mutual fund in the current stock market!  In addition, Medicare recipients are besieged at this time of year by slick advertising from insurance company salesmen hocking the advantages of their own plans.  Its a recipe for disaster for disabled individuals whose health care coverage is probably the most important thing in their lives.

The best I can advise is to check out the Medicare Advantage Plan Comparison tool  sponsored by the federal government.  Click here for the tool.  Also, ask for assistance from legitimate organizations such as the Medicare Rights Center.  Hopefully, the new Obama administration can help simplify the Medicare maze (mess) next year.  Some of the sickest among us, Social Security disability recipients, have their health at stake!  There has got to be a better way.

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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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To all workers who toil each day to make America great, the the attorneys and staff at Turley, Redmond & Rosasco wish you a much deserved and restful Labor Day.  Enjoy!  See you next week.

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