What You Should Know Before You Read:
- Chronic fatigue conditions, including chronic fatigue syndrome and post viral fatigue, are often misunderstood and heavily scrutinized by disability insurers.
- Insurers commonly deny these claims by arguing that fatigue is subjective or unsupported by objective findings or that it does not rise to the level of disability.
- Strong, consistent medical documentation including functional limitations, and careful communication are essential to proving how chronic fatigue conditions limit your ability to work.
- Dabdoub Law Firm represents clients nationwide and has a proven record of success in complex disability claims involving chronic fatigue and related conditions.
Understanding Chronic Fatigue Disability Claims
Chronic fatigue is more than ordinary tiredness. It is a debilitating condition that often affects cognitive function, stamina, physical endurance, and the ability to sustain consistent work activity. Many individuals experience post-exertional malaise, meaning even minimal activity can trigger days of severe symptoms, including pain, cognitive fog, weakness, and unrelenting exhaustion.
Despite the severity of these symptoms, disability insurers frequently deny chronic fatigue claims. They argue that fatigue is subjective, point to normal lab results, or rely on internal medical reviewers who have never examined the claimant and have no expertise in chronic fatigue conditions. Insurers may also misinterpret fluctuating symptoms, ignoring the fact that good days do not reflect baseline functional ability.
The following do’s and don’ts will help you strengthen your chronic fatigue disability claim and avoid common pitfalls.
1. Seek Consistent Treatment and Specialist Care
Consistent treatment is one of the most important factors in chronic fatigue claims. Insurers often deny claims when medical records do not reflect regular care.
Do:
- Treat with physicians experienced in chronic fatigue, such as internists, infectious disease experts, or neurologists.
- Follow treatment recommendations and attend all scheduled appointments.
- Make sure your records reflect ongoing symptoms and their severity. It helps to maintain a symptom diary to share with your providers.
Do Not:
- Go long periods without medical visits.
- Rely solely on primary care when symptoms are significant.
2. Document Functional Impairments Clearly
A diagnosis alone is never enough. Insurers want to see how fatigue limits your day to day functioning and your ability to perform your job.
Do:
- Explain how fatigue affects concentration, stamina, and productivity.
- Tell your providers when minimal exertion triggers significant symptoms.
- Track episodes of post exertional malaise in a symptom journal.
Do Not:
- Give vague descriptions without practical examples.
- Assume the insurer understands the real effects of chronic fatigue.
3. Communicate Symptom Fluctuations During Appointments
Chronic fatigue often fluctuates. Insurers may seize on isolated comments about feeling better to claim you are not disabled.
Do:
- Discuss good days and bad days with your providers.
- Document how unpredictable symptoms affect work reliability.
- Report flare ups and activity related crashes.
Do Not:
- Report only on good days.
- Downplay severe symptoms because they vary.
4. Consider Objective Testing or Additional Evaluations
While fatigue itself is subjective, certain tests and evaluations can objectively provide its impact on your functionality and provide necessary support for a long term disability claim or appeal.
Do:
- Discuss functional capacity evaluations with your treating physician.
- Consider neurocognitive testing if brain fog or cognitive impairment is significant.
- Document comorbid conditions that contribute to fatigue, such as sleep disorders, autoimmune disease, or post viral syndromes.
Do Not:
- Avoid assessments that could strengthen your case.
- Dismiss the role of objective or semi objective evidence.
5. Consult Dabdoub Law Firm Before Filing or Appealing
Chronic fatigue claims are among the most commonly denied long term disability claims. Insurers often misunderstand the conditions or rely on incomplete or selective medical evidence. Early legal help from experts in disability insurance law helps ensure your medical records tell the full story and that your claim is presented effectively.
Do:
- Speak with our experienced disability insurance attorneys before filing.
- Allow our team to guide the documentation process and manage communication with the insurer.
- Call us immediately if the insurer requests an IME, surveillance, or additional forms.
Do Not:
- Attempt to navigate this complex process alone.
- Submit a claim without understanding how insurers evaluate chronic fatigue.
How Dabdoub Law Firm Helps With Chronic Fatigue Disability Claims
Chronic fatigue disability claims require careful coordination of medical evidence, symptom documentation, and occupational detail. Insurers often deny these cases by misunderstanding the nature of the condition or ignoring the combined impact of fatigue, cognitive issues, and post exertional symptoms.
Dabdoub Law Firm helps clients by:
- Ensuring medical records reflect functional impairment accurately
- Highlighting the relationship between symptoms and job demands
- Challenging flawed insurer reviews or biased medical opinions
- Preparing strong ERISA appeals that integrate all supporting evidence
- Litigating wrongful denials in federal court
- Negotiating lump sum settlements when appropriate
Because our practice is dedicated exclusively to disability and life insurance law, we understand the unique challenges chronic fatigue presents in long term disability claims and appeals. Our firm was built to win disability insurance cases and has taken on every major insurer.