Fibromyalgia is a pain syndrome, a new disease included in the official list of diseases that disturbs doctors, especially doctors at the National Insurance Institute of Israel.
This disease is insidious for several reasons.
Patients with fibromyalgia suffer from pain. However, these sufferings can not be measured by any objective medical methods. What makes it worse, such patients suffer pain that cannot be diagnosed by any medical devices and analyses.
Often there is a situation in which a patient comes to see a doctor and complains about severe pain all over their body; yet the patient examination does not show any problems, and puzzles many doctors. Some years ago, after a thorough diagnosis, patients were sent to see a psychiatrist as doctors implied it was time to treat hypochondria. Fortunately, those days are gone.
Examination of patients with fibromyalgia showed a close relation between the development of the disease and an injury (physical or emotional).
Famous Mexican artist Frida Kahlo (1907-1954) started to describe severe sufferings in her art. Her painting “The Broken Column” very vividly depicts the symptoms of patients suffering from fibromyalgia.
In the days of the artist, no one had heard of this disease. However, today, her art is an illustrative example used by medical departments when studying fibromyalgia symptoms.
The main symptoms are as follows:
chronic pain in muscles
extreme sensitivity in different areas of the body
tiredness
headache
sleep problems
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Let’s get down to the most important thing. Do people suffering from fibromyalgia have the right to submit a claim to the National Insurance Institute of Israel and demand to be treated as a disabled?
The answer is yes!
Will the process of recognition be easy?
The answer is no….
Let me explain. The index of diseases, used by the doctors of the National Insurance Institute of Israel, was published in 1956. This list describes all the diseases and physical disabilities which no longer exist in medically advanced countries (for example, a rib removal is a surgery that doctors no longer perform). However, as far as a lot of new diseases are concerned, the index is silent. They are not on the list.
From the legal point of view this list is law. After three election periods, changes in the law have not been enough to work out clear and effective guidance. Therefore, a new special paragraph is often applied (or not applied) which still does not specify any clearly-defined criteria.
A lack of clearly-defined criteria is a double-edged sword: on the one hand, you can assign anything to these criteria; on the other hand, you completely depend on the doctor’s opinion, who will be the one to decide what and when to assign a case…or if to do it at all.
Since a large number of people suffering from fibromyalgia started to knock at the government’s door demanding to recognize and regulate their rights, the government made a rough copy of amendments in the above-mentioned list. This rough copy describes clearly-defined criteria by which fibromyalgia is recognized by the National Insurance Institute of Israel. What is more, there is a percentage of the disability specified (from 0-50%). The problem is that in order to change the law in the patients’ favor, a serious budget is required. This gets back to the topic of elections.
As you understand, until there is uncertainty in the country and the National Insurance Institute of Israel decides cases against the patients. Thus, you can determine your rights only with the help of a professional lawyer.
My many years’ work experience, including representing my client’s interests on a commission basis at the National Insurance Institute of Israel, will allow you to receive high-quality service and a professional consultation on how to apply for disability correctly and receive a maximum compensation.
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