Permanent disability due to fibromyalgia

What is fibromyalgia?

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Fibromyalgia can be defined as that disease recognized by the World Health Organization that causes pain in the muscles, bones and joints, among others.

Similarly, the disease also generates symptoms such as insomnia, headache and physical and mental fatigue. In short, people with fibromyalgia tend to feel pain and sensitivity throughout the body.

Although the disease can be suffered by both sexes and at any age, most commonly it is women between the ages of 20 and 50 who suffer from it.

Causes of fibromyalgia

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Although so far there are no specific causes that trigger fibromyalgia, genes may cause that, in some cases, certain people have a greater predisposition to suffer from this disease.

In addition, there are also certain factors that can act as triggers:

• An accident

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• A problem that has caused a lot of stress.

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• Muscular diseases.
• Chronic infections.

Working with fibromyalgia

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The limitations generated by fibromyalgia at work have been constantiated by more than one judgment. It has been demonstrated that fibromyalgia can perfectly absolutely invalidate a person when it comes to performing his or her daily work.

Added difficulties.

However, we are talking about a disease that is difficult to accredit, which makes it not simple to carry out a proper diagnosis about it.

Consequently, proving all the impediments that fibromyalgia creates before the National Institute of Social Security (INSS) and, likewise, before the Social Court, becomes complex, laborious and, at the same time, delicate.

Application for permanent disability

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Although the painand suffering of the victims is complicated to prove, there are not few cases in which workers with fibromyalgia have succeeded in having permanent disability recognized.

In this regard, it should be emphasized that such permanent disability can be applied for to the INSS in two ways:

• If it is for a person who has been temporarily disabled: when the INSS assumes that the damage is definitive, after 545 days of temporary disability

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• If it is a person who has not been temporarily disabled: through a application

In addition, it will also be necessary to accredit identity and, in the event that the applicant is self-employed, it will also be essential to provide proof of payment of contributions for the last 3 months.

Need for recognition.

Taking into account all of the above, there is no doubt that people with fibromyalgia need recognition of all the impairments and difficulties generated by the disease in their personal and working life.

Despite the fact that Social Security is beginning, with increasing frequency, to recognize fibromyalgia as a disabling disease, generally, the teams in charge of the INSS disability assessment do not usually grant permanent disability.

Therefore, it is necessary that the disease can be diagnosed without any obstacle. Likewise, it is also essential that the necessary reports evidencing such disease be available, specifying the limitations occurring in the patient’s working life and not calling into question the severe pain felt by the patient.

In short….

Thus, it is very important to target and specify the effects that the disease has on the ability to work taking into consideration that, as mentioned above, in many cases the symptomsare difficultboth to demonstrate,and to diagnose.

From LAWYOU, we can help you.

At LAWYOU we have expert lawyers who have many years of experience and who, therefore, will help you to solve any question in this regard.

Do not hesitate to contact us through the following form, through our e-mail info@lawyoulegal.com or, if you prefer, you can also call us at 602 226 895.