Fibromyalgia Disability Lawyer Calgary
The gap is invisible. The impact on your life is not.
- Living with fibromyalgia that prevents you from returning to work?
- Submitted a long-term disability claim and received a denial letter?
- Benefits were approved, then terminated once the insurer re-evaluated your file?
Fibromyalgia claims often face scrutiny due to a lack of traditional diagnostic testing. We bring 50 years of combined experience, including inside defense insight, to address these evidentiary hurdles and advocate for your benefits.
Same-day response on business day inquiries.
Fibromyalgia claims don’t fail randomly. They fail at the same pressure points.
Ludwar Law brings a perspective to fibromyalgia disability litigation that other firms cannot replicate. James has 30 years of experience representing plaintiffs, and Mark brings nearly 20 years as Senior Counsel defending these claims for a major Canadian insurer. This dual experience reveals how insurers evaluate files, where their processes fall short, and what errors in claim handling can mean for your recovery.
Claim Files
Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances.
Why Insurers Deny Fibromyalgia Claims
Fibromyalgia disability claims in Alberta are denied more consistently than almost any other condition, and the reasoning follows a predictable pattern.
Insufficient
Medical Evidence
Because fibromyalgia is diagnosed through reported symptoms and their progression over time rather than an objective test, insurers argue they cannot confirm the diagnosis or the degree of impairment. The absence of a measurable finding becomes their basis for denial. Our review looks specifically at whether the insurer’s reliance on that position was procedurally sound and whether it can be challenged.
Terminated at the Two-Year Definition Change
You were receiving benefits. At the two-year mark, many policies shift from asking whether you can perform your own occupation to whether you can perform any reasonably comparable occupation. Insurers conduct a new assessment at this stage, often through independent medical examinations and vocational reports, and use the results to terminate benefits. This accounts for roughly 80 percent of the cases we handle. The definition change assessment is where insurer errors accumulate most consistently, and it is the ground we investigate most carefully.
Same-day response on business days.
The condition insurers call unverifiable.
The challenge is not recognition, it is proof. Insurers prioritize objective findings, and fibromyalgia produces subjective symptoms. That gap is where claims fail.
Qualification for Disability Benefits
Qualification depends on specific policy language. It requires submission of quality medical evidence. The file must connect symptoms to functional limitations. Policies offer own occupation or any occupation coverage.
Common Fibromyalgia Symptoms Preventing Employment
- Widespread pain
- Extreme fatigue
- Non-restorative sleep
- Joint stiffness
- Pain to the touch
- Persistent concentration difficulties
The Documentation Gap
Insurers deny fibromyalgia claims not because the condition is illegitimate but because the file does not adequately connect symptoms to the inability to work. A claim built on diagnosis alone will not hold. The connection between symptom, functional limitation, and occupational impact needs to be established at every step.
From Denial Letter to Resolution
We follow a structured approach to assessing your denial and determining the next steps for your claim
01
Initial Consultation
We discuss your diagnosis and the specific hurdles you’ve faced with your insurance provider.
02
Document Collection
Our team collects specialist reports and clinical notes to provide thorough documentation of your fatigue and pain levels.
03
File Review & Strategy
Our review pinpoints precisely where the insurance provider neglected to give proper weight to your non-visible symptoms when issuing a denial.
04
Statement of Claim
We file the Statement of Claim to hold the insurer accountable for their decision.
05
Discovery Process
The discovery phase involves exchanging documents and formal questioning. We actively contest any independent medical exams that conflict with your physician’s findings.
06
Mediation
We use mediation to pursue resolutions acknowledging your condition’s reality. Most cases settle here, typically within 18 to 24 months, with amounts based on policy terms and insurer conduct.
07
Trial
If settlement fails, the case moves to trial. Outcomes are determined by medical evidence, policy terms, and specific case facts.
We know how they think.
The Insider Advantage
Because fibromyalgia claims are often met with skepticism, we use our defense background to counter lack of objective findings arguments before they arise.
Local & In-Person Support
Dealing with an invisible illness is isolating enough. Our Calgary-based team provides the face-to-face support and validation you deserve throughout the process.
Fighting for the Full Value of Your Claim
We focus on the long-term reality of living with chronic fatigue and pain, fighting for a resolution that reflects the true impact on your ability to work.
FAQs
Is fibromyalgia a disability?
Yes. Fibromyalgia is recognized as a disability when it prevents you from performing your job duties under most Canadian disability insurance policies.
Is fibromyalgia a disability in Canada?
Yes. Fibromyalgia is treated as a disability in Alberta under the same standards that apply across Canada, provided it meets your policy’s definition of disability.
Can you get disability for fibromyalgia?
Yes, if your fibromyalgia prevents you from performing your job duties and you have supporting medical evidence from your treating physicians.
Does fibromyalgia qualify for disability benefits?
Fibromyalgia qualifies for long-term disability benefits when medical evidence demonstrates it prevents you from working. An insurance claim for fibromyalgia is often denied initially despite valid symptoms.
Why do insurers deny fibromyalgia claims?
Insurance companies deny fibromyalgia disability claims due to lack of objective diagnostic tests, treatment gaps, independent medical exams that downplay symptoms, and arguments that you can perform alternate work.
What is an insurance claim denial for fibromyalgia?
An insurance claim denial occurs when your insurer refuses to pay disability benefits, arguing your fibromyalgia doesn’t meet policy requirements or that you’re capable of working.
How does a fibromyalgia disability lawyer help?
A fibromyalgia disability lawyer reviews your claim file for insurer errors, challenges improper denials, and pursues maximum compensation including damages for bad faith claims handling.
What happens at the two-year mark for fibromyalgia claims?
Many policies change from “own occupation” to “any occupation” disability after 24 months. Insurers use this definition change to terminate benefits, claiming you can work in a different capacity.
How long does fibromyalgia disability litigation take?
Most fibromyalgia disability cases settle within 18 to 24 months through mediation. Complex cases or those requiring trial may take longer.
What are fibromyalgia disability claims in Calgary?
Disability claims for fibromyalgia in Calgary involve litigation against insurers who have denied or terminated long-term disability benefits for individuals unable to work due to fibromyalgia symptoms.
Fibromyalgia is difficult to prove.
A denied claim is not a closed one. We will review your file and tell you clearly what your options are.
Calgary-based Serving Alberta and Saskatchewan
Same-day response on business days.
Past results are not indicative of future results. The outcome of each case depends on its unique facts and circumstances. This page is for informational purposes only and does not constitute legal advice.