Should you be required to have objective evidence in order to win your long term disability insurance claim and get the benefits you need?
At first glance, the answer to this question seems fairly obvious: yes. If your insurer is going to send you a disability check, there should be an objective way to prove that you are suffering from an issue that keeps you from working.
But how does this requirement for objective proof work for conditions where there are no known objective tests that can provide proof? Should these people be automatically denied because the testing just does not exist? Again, the answer seems obvious: no.
So then, how do we reconcile those two very different answers? Perhaps the answer lies in looking away from clinical testing and paying more attention to analysis.
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Clinical Tests Aren’t the Only Thing That Can Be Objective
You probably know that no objective clinical tests exist for many mental disorders. This is also true of some physical ailments, such as chronic pain syndrome, fibromyalgia, and other so-called subjective disorders. But just because these conditions cannot be objectively measured by clinical tests doesn’t mean there is no way to get objective evidence about them.
One way to get this objective evidence is to focus on the physical limitations that the symptoms of these diseases cause.
In cases of chronic fatigue syndrome, there is even an objective medical test that can be employed that allows doctors to record any exacerbated symptoms and malaise that occur after a claimant is subjected to physical activity. Called Cardiopulmonary Exercise Testing, this helps to measure your ability to remain active for a sustained amount of time, something you would need to be able to do in order to work.
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You Need a Strong Ally to Fight for Objective Evidence Analysis
Of course, insurers and courts tend to be far more versed in objective testing than they are in objective analysis, and trying to use such evidence can be an uphill battle.
But if you have a condition that necessitates this strategy, your best bet is to educate yourself as much as possible on disability insurance policies and then set up a free consultation with an experienced long term disability insurance attorney.
