What You Should Know Before You Read:
- Chronic pain and other “invisible” illnesses are among the most challenging conditions to prove in disability insurance claims.
- Insurance companies often deny these claims by arguing that the medical evidence is insufficient or subjective.
- Understanding how to document and present your condition is key to a successful claim.
- Dabdoub Law Firm focuses exclusively on disability and life insurance claims, representing clients nationwide with proven success in federal court.
Understanding Disability Claims for Invisible Illnesses
Conditions such as chronic pain, fibromyalgia, chronic fatigue syndrome, migraines, and autoimmune disorders can be disabling even though they are not always visible to others. Insurance companies, however, often view these illnesses with skepticism because they may lack clear laboratory findings or imaging results.
Strong documentation, consistent treatment, and a strategic approach to communicating how your condition limits your ability to work is necessary to ensure a claim for disability benefits is approved. The following do’s and don’ts can help guide you through the process.
1. Do Seek Regular Medical Care and Consistent Documentation
Insurance companies expect ongoing medical treatment for chronic conditions. Regular visits with your healthcare providers help establish credibility and demonstrate that your symptoms are persistent and disabling.
Do:
- Maintain regular appointments and follow your doctor’s treatment plan.
- Communicate the frequency, duration, and severity of your symptoms to your doctors.
Do Not:
- Allow large gaps in treatment or rely only on self-reports of pain. Insurers often interpret inconsistent medical documentation as a sign that your condition has improved or is not serious enough to warrant disability.
2. Do Describe How Pain or Fatigue Affects Your Ability to Work
Insurance companies frequently deny claims because medical diagnosis alone does not equate disability. You must connect your symptoms to specific job-related restrictions and limitations–tasks you cannot do at all or you can do for only a limited time.
Do:
- Ask your doctor to describe how your symptoms interfere with your ability to perform essential job functions in attending physician statements and your medical records..
- Keep a symptom diary that tracks how your symptoms impact your daily life and ability to work on a regular basis.
Do Not:
- Assume having a diagnosis, such as “fibromyalgia” or “chronic fatigue” automatically entitles you to long term disability payments. Insurers focus on functional limitations, not diagnoses. Detailed examples of how your condition impacts your ability to work is necessary to support your claim.
3. Do Obtain Objective Support
While chronic pain and fatigue are inherently subjective, certain types of testing can support your claim. These may include functional capacity evaluations, neurocognitive testing, or independent medical examinations.
Do:
- Discuss with your attorney whether additional testing could help demonstrate your restrictions and limitations.
- Obtain supporting documentation from specialists, such as rheumatologists, neurologists, or pain management physicians.
Do Not:
- Assume that your claim will be approved based on self-reported symptoms alone. Objective medical evidence strengthens your claim.
4. Do Be Careful With How You Communicate About Your Condition
Insurance companies often rely on surveillance, social media, and even recorded phone calls to look for inconsistencies. Small contradictions or snapshots of even limited activity can be used to portray you as not credible.
Do:
- Be careful not to engage in any activity that might appear inconsistent with your general restrictions and limitations when you are having a “good day.”.
- Be honest about good days and bad days, and explain that some improvement does not mean recovery.
Do Not:
- Exaggerate your symptoms in an attempt to be taken seriously or communicate the severity of your condition.
5. Do Contact Dabdoub Law Firm Early in the Process
Disability claims for invisible illnesses are complex and often face heavy scrutiny from insurers. Insurance companies see an opportunity to portray claims based on subjective conditions as entirely based on self-reports, unsupported by objective medical evidence, and unverifiable. Hiring an attorney with expertise in long term disability claims early can make all the difference in ensuring your claim is properly supported and getting your benefits approved.
Do:
- Consult with Dabdoub Law Firm before filing your claim or as soon as you receive a denial.
- Allow our team’s expertise to handle all communications with your disability insurance company. Doing so will prevent misstatements or incomplete responses.
Do Not:
- Wait until your claim has been denied or your benefits terminated to seek help. Early legal guidance often prevents avoidable mistakes and strengthens your position.
How Dabdoub Law Firm Can Help
Chronic pain and invisible illnesses are real, disabling conditions that deserve fair evaluation under the law. Dabdoub Law Firm represents clients nationwide in all types of disability insurance cases, including those involving complex and misunderstood medical conditions. The firm has a track record of winning disability lawsuits based on subjective claims, such as migraines and back pain.
We assist clients with:
- Filing a disability insurance claim for chronic pain, fatigue, or autoimmune disorders.
- Appealing a wrongful denial or termination of benefits where the insurer minimizes subjective symptoms.
- Negotiating a lump-sum settlement when appropriate for financial and personal stability.
- Litigating claims in federal court when insurers act unfairly or fail to follow the law.