Fibromyalgia can wear down your ability to work long before anyone around you sees a single sign of it. The pain, deep fatigue, and foggy thinking make a full workday feel out of reach, yet the condition leaves no cast and no scan to point to. A Hackensack fibromyalgia disability lawyer helps you turn that invisible struggle into a record a claims examiner can act on.
The hardest part of a fibromyalgia disability claim is proof. Disability insurers and the Social Security Administration (SSA) lean on hard medical findings, and a condition built largely on felt symptoms gives a reviewer an easy reason to say no.
This is where Maggiano, DiGirolamo & Lizzi, P.C. can change the path to benefits. Our attorneys help build the record your claim needs, using medical evidence, work limitations, and daily symptoms to show why fibromyalgia prevents you from working.
Call (201) 585-9111 or use our online contact form to get a free consultation.
Why Choose Maggiano, DiGirolamo & Lizzi, P.C. for a Fibromyalgia Disability Claim?
Our firm has recovered more than $300 million for clients and carries honors from Super Lawyers and The Best Lawyers in America. We know the local medical community, from Hackensack University Medical Center to the many orthopedic, rehabilitation, and specialty practices that serve patients across Bergen County.
Records That Tell Your Story
A strong claim rests on a clear medical record. We work with your doctors to document your tender point exams, your treatment history, and the days you simply could not function. This paper trail gives your claim a backbone.
A Trusted Local Name
Our AVVO 10.0 rating and our inclusion in the Multi-Million Dollar Advocates Forum reflect decades of results. We know how to build strong claims when the condition is difficult to prove, and the stakes are high.
We Prepare for the Fight
Many fibromyalgia claims face a denial before they ever succeed. We prepare each file as if a hearing is coming, because that readiness often makes the difference. You focus on your health while we manage the claim.
Call (201) 585-9111 or use our online contact form to get started today.
The Office of Maggiano, DiGirolamo & Lizzi have been so helpful in my case that I just wanted to stress to anyone needing an attorney who has been in an accident that this office is the best. From the beginning of my case I was treated as number one. Mr. Maggiano and staff always kept me informed of the entire process of my case. I even had a driver, Juan, from their office, take me to my medical appointments because I no longer have an automobile. It just made me feel so much more relaxed. This is a law firm makes you feel right at home as soon as you come in. There were many times that I had questions and I would speak to Mariel, Mr. Maggianos’s paralegal and she would always be there to help
After thirteen surgeries, multiple procedures and over two months in the ICU, all due to the negligence of one of my doctors, I was referred to Michael Maggiano to pursue a medical malpractice case. I had never been involved in a lawsuit in my life and from the moment I met Michael and his team at Maggiano, DiGirolamo & Lizzi I knew I was in extremely competent hands. Michael is the best lawyer you could imagine – he is intelligent, detail oriented, extremely knowledgeable and passionate about his work and his clients. Michael is a consummate professional and I will forever be impressed by, and indebted to, both him and his team. The entire staff at Maggiano, DiGirolamo & Lizzi is friendly, welcoming and do everything to make their clients comfortable. I would like to specifically thank Linda Reid and Bernadette Elbert who both went above and beyond to make my experience as comfortable as possible, from including me in all detailed correspondence to sending encouraging texts and even giving hugs when needed. Thank you so much to everyone at Maggiano, DiGirolamo & Lizzi – I highly recommend this law firm to anyone looking for a compassionate team to handle a personal injury claim.
I have been a practicing personal injury lawyer in New Jersey for over twenty years. I knew Michael Maggiano by reputation and when I was involved in an automobile myself I went to him to handle my case. I learned that the reputation was well founded and he has an outstanding law firm, very efficient and professional. He and his staff were always available and helpful during every step of the process and the resultant settlement was excellent. I could not recommend Mr. Maggiano and his firm more highly. Thank you to all at Maggiano, DiGirolamo & Lizzi .
What Makes Fibromyalgia Claims So Difficult?
Fibromyalgia claims are challenging because the condition relies heavily on reported symptoms and doesn’t appear on many traditional diagnostic tests. Those obstacles give disability insurers and administrators several opportunities to question the claim, even when the condition is legitimate.
One common issue involves the symptoms themselves. Many people experience widespread pain, fatigue, sleep disturbances, and cognitive symptoms that fluctuate from day to day, allowing reviewers to argue the limitations are not severe enough to keep you from working.
Invisible Symptoms
Fibromyalgia also presents largely invisible symptoms. Unlike a broken bone or herniated disc, the condition rarely appears on standard imaging studies. As a result, claim reviewers often focus on medical records, treatment history, and documentation of functional limitations rather than a single diagnostic test.
Disability insurers frequently challenge severity as well. They may argue that another medical condition causes your symptoms or claim there is not enough evidence connecting the condition to a genuine inability to work.
When symptoms existed before you stopped working, insurers often try to characterize the condition as entirely pre-existing rather than acknowledging how it now limits you.
These disputes can make a valid claim far more difficult than many people expect. Our Hackensack fibromyalgia disability lawyers work with medical providers and experts to build the evidence needed to connect your diagnosis, your symptoms, and the limitations you now face.
How Does New Jersey’s Verbal Threshold Affect Fibromyalgia Car Accident Claims?
If your fibromyalgia is connected to a car accident, New Jersey’s verbal threshold can decide whether you may sue for pain and suffering. Most New Jersey drivers carry the “limitation on lawsuit” option, also called the verbal threshold, which bars recovery for non-economic damages unless your injury fits a statutory category under N.J.S.A. 39:6A-8(a).
For fibromyalgia, the category that usually matters is a “permanent injury.” Under the statute, an injury is permanent when the affected body part has not healed to normal function and will not heal to normal function with further treatment.
New Jersey courts also require objective, credible medical evidence to clear the threshold, which is exactly the kind of proof a felt condition like fibromyalgia makes hard to produce.
Since fibromyalgia rarely shows up on imaging, courts examining these claims look closely at the objective parts of the diagnosis, such as the treating physician’s permanency opinion, supporting medical records, and a record ruling out other causes. A physician’s certification of permanent injury is typically required to move the claim forward.
This verbal threshold question applies only to a third-party car accident lawsuit for pain and suffering. It does not govern long-term disability or SSDI benefits, which turn on whether your condition prevents you from working rather than on who caused it.
How Do You Prove a Fibromyalgia Claim When Your Pain Is Invisible?
Our Hackensack fibromyalgia disability lawyers prove claims by documenting how the condition affects your daily life and your ability to work. Disability insurers often challenge these claims by arguing that your symptoms are too subjective or that your limitations are not severe enough to keep you from working.
We counter those arguments with medical evidence, treatment records, expert opinions, and documentation that shows how your symptoms restrict your daily activities and your capacity for employment.
A fibromyalgia claim can’t rely on a diagnosis alone. The evidence must also show how pain, fatigue, sleep disturbances, and cognitive difficulties affect your ability to work, care for your family, and participate in daily activities.
We’ll build that record from multiple sources to present the strongest case possible.
Evidence That Can Strengthen a New Jersey Fibromyalgia Claim
Fibromyalgia claims often succeed or fail based on the quality of the supporting evidence. We gather documentation that helps establish both the diagnosis and its impact on your life.
Helpful evidence includes:
- Medical Records: Treatment records help establish when symptoms began, how doctors diagnosed the condition, and how your symptoms have progressed over time.
- Treatment History: Records of medications, therapy, specialist visits, and other treatments show an ongoing effort to manage the condition.
- Functional Evaluations: These assessments help demonstrate how pain, fatigue, and cognitive symptoms affect your ability to work and perform everyday activities.
- Tender Point Findings: A documented exam showing at least 11 of 18 positive tender points supplies an objective component.
- Symptom Documentation: Personal journals and similar records can help show the frequency and severity of flare-ups between medical appointments.
- Expert Testimony: Medical experts can explain the connection between the accident and your condition when an insurer disputes causation.
- Evidence of Daily Limitations: Statements from family members, coworkers, and others who have witnessed the changes in your abilities can help illustrate the real-world impact of fibromyalgia.
Our Hackensack fibromyalgia disability lawyers work to connect the evidence, the diagnosis, and your new limitations into a clear and compelling claim for benefits.
Can Fibromyalgia Qualify You for Long-Term Disability or SSDI?
Fibromyalgia may qualify you for Social Security Disability Insurance (SSDI) or long-term disability benefits when your symptoms prevent you from maintaining full-time work. Unlike a workers’ comp claim, these benefits focus on how your condition affects your ability to earn a living rather than who caused it.
Many people with fibromyalgia struggle to stay employed because of chronic pain, fatigue, sleep disruption, and cognitive difficulties. Even when symptoms fluctuate, the combined effect can make it difficult to maintain a consistent work schedule or meet the demands of full-time employment.
How Do SSDI and Long-Term Disability Claims Differ?
Both SSDI and long-term disability claims rely heavily on medical records, treatment history, and evidence of functional limitations. However, long-term disability claims depend on the language of the insurance policy, while SSDI follows federal eligibility standards.
The SSA judges fibromyalgia under a ruling called SSR 12-2p, which recognizes fibromyalgia as a medically determinable impairment when the record shows widespread pain plus either at least 11 of 18 positive tender points or repeated symptoms like fatigue, “fibro fog,” and unrefreshing sleep, with other conditions ruled out.
Since reviewers discount subjective complaints, the key is anchoring them in objective proof: a documented tender point exam and a Functional Capacity Evaluation (FCE) measuring how long you can sit, stand, lift, and concentrate.
Since fibromyalgia symptoms rarely appear on traditional imaging studies, both types of claims often face increased scrutiny. Strong documentation becomes critical.
Can You Pursue SSDI and Long-Term Disability at the Same Time?
Many people pursue SSDI and long-term disability benefits simultaneously. Although the programs follow different rules, they often rely on much of the same medical evidence and documentation of work-related limitations.
These claims can also affect one another. Some long-term disability policies reduce benefits after an SSDI award, while insurers may require claimants to apply for Social Security benefits.
Our Hackensack fibromyalgia disability attorneys help clients build the evidence these claims require, including medical records, physician opinions, functional assessments, and documentation showing how fibromyalgia affects daily activities and work capacity.
Verdicts and Settlements
$101,000,000 - Parking Garage Collapse
Verdict went to 20 injured workers and the families of four workers who were killed in the collapse of a parking garage at the Tropicana Casino Resort in 2003. The case involved multiple defendants, including Tropicana and a number of construction contractors. The parking garage collapsed while it was under construction because rebar was not properly installed, leaving the floors disconnected from the walls. As part of…
$900,000 - Failure to Diagnose
A 35 year old woman suffered cardiac arrest under anesthesia due to failure to diagnose congestive heart failure by her treating physicians and the anesthesiologist, all of whom cleared her for gall stone surgery despite signs pointing to an underlying heart condition. Settlement awarded to her two remaining children.
$1,061,392 - Tow Truck Crash
A 42-year old truck operator and auto mechanic suffered ulnar neuropathy, bulging lumbar disc, torn meniscus right knee, and post traumatic stress disorder when he was struck by a tow truck backing up during a job thereby ending his two occupational careers.
Why Are Fibromyalgia Claims Denied?
Fibromyalgia claims are often denied because insurers and disability reviewers question the severity of the condition, the credibility of the claimant, or the strength of the supporting evidence.
A common move is surveillance. An investigator may follow you and film you on a good day, then use that footage to claim your symptoms are mild. We prepare clients for this tactic and show how a single good hour doesn’t erase a disabling condition.
Insurers also lean on their own paid reviewers. A file reviewer who never examined you may dispute your treating doctor’s opinion. We counter with detailed records and statements from the physicians who actually know your case.
Before you assume a denial is final, look at the common reasons claims fall apart. Recognizing them helps you protect your claim from the start.
Common reasons for denials include:
- Thin Medical Records: A file with gaps gives an examiner room to question how serious your condition is.
- Missed Deadlines: A late form or appeal can end a claim, no matter how strong the underlying proof.
- Inconsistent Statements: Small differences between your forms and your testimony can be used to question your credibility.
- No Functional Proof: Without a capacity evaluation, an examiner may decide you can still work.
How a Hackensack Fibromyalgia Disability Lawyer Builds and Protects Your Claim
A Hackensack fibromyalgia disability lawyer strengthens your claim by building the proof needed to show how your condition affects your ability to work and live. Strong documentation can make the difference between a claim that gets taken seriously and one that gets denied.
Maggiano, DiGirolamo & Lizzi, P.C. has secured multi-million-dollar verdicts and settlements for clients with complex injury claims, including a $1,067,000 recovery for a client whose fibromyalgia emerged following a serious truck crash.
Our work may include:
- Reviewing Your Medical History: Your lawyer examines your treatment records, prior conditions, symptoms, and work history to understand how fibromyalgia has changed your life.
- Strengthening Medical Proof: We work with your providers to document pain, fatigue, cognitive symptoms, functional limits, and the treatment you have followed.
- Preventing Claim Mistakes: Missing records, inconsistent statements, incomplete forms, and weak documentation can all create problems, so we work to build a complete record from the start.
- Responding to Denials: If your claim has already been denied, your attorney reviews the stated reasons and builds a response supported by the evidence the reviewer said was missing.
- Protecting Your Recovery: We’ll pursue the benefits or compensation available under the law and keep your claim focused on the real impact fibromyalgia has on your daily life.
FAQ for Hackensack Fibromyalgia Disability Lawyer
Do I Need a Hackensack Fibromyalgia Disability Lawyer if My Doctor Supports My Claim?
A Hackensack fibromyalgia disability lawyer is still beneficial even with a supportive doctor. A lawyer helps organize and present your doctor’s notes and helps meet the strict deadlines these claims carry. That structure often makes the difference between approval and denial.
How Much Does It Cost To Hire Maggiano, DiGirolamo & Lizzi, P.C.?
It takes nothing to get started with Maggiano, DiGirolamo & Lizzi, P.C. You pay a fee only if we recover compensation for you.
Can I Get Disability Benefits for Fibromyalgia in New Jersey?
You can receive disability benefits for fibromyalgia when your record shows you cannot sustain full-time work. The Social Security Administration recognizes fibromyalgia as a possible basis for benefits under a specific evidence standard.
Why Do So Many Fibromyalgia Claims Get Denied?
Many claims get denied because examiners treat the evidence as too subjective. Normal scans and lab results give them an easy reason to doubt your limits. Your lawyer counters this by building a file rich in objective findings and functional proof.
What Evidence Helps a Fibromyalgia Disability Claim the Most?
Objective medical findings paired with functional proof help a fibromyalgia claim the most. Tender point exams, a functional capacity evaluation, and a steady treatment history carry real weight. An attorney gathers and organizes this proof to present the strongest possible claim.
Your Health Comes First. Send Your Claim to Us.
Fibromyalgia already takes enough of your energy without a denial letter draining the rest. Let our team build the record and press your claim while you focus on managing your health. Call Maggiano, DiGirolamo & Lizzi, P.C. at (201) 585-9111 or use our online contact form today.
You can also visit our office at Court Plaza South, 201 Main St., Suite 206, Hackensack, NJ 07601.
