California Woman Wrongfully Denied Long-Term Disability Benefits
Workers with chronic pain may be unfairly denied disability benefits because their symptoms are not obvious and hard to quantify. Find out how a lawyer can help.
August 30, 2012
Individuals dealing with so-called "invisible illnesses" often have a difficult time obtaining appropriate disability benefits. Recently, an employee was receiving long-term disability benefits due to Chronic Fatigue Syndrome, an illness with no obvious symptoms to outsiders. Her employer decided to terminate her benefits, despite being completely disabled by her symptoms, and she disputed that decision. A U.S. District court judge agreed with the woman since evidence proved she was, indeed, still eligible for benefits.Workers with "Invisible Illnesses" Overlooked for Benefits Coverage
Often, workers with chronic pain conditions are denied disability benefits because their symptoms are not obvious to supervisors, co-workers or family members. People with illnesses like arthritis, fibromyalgia and chronic fatigue syndrome suffer pain on a daily basis, but their symptoms are not observable, leading some to believe that they are not truly suffering.
Unfortunately, it can be difficult for those dealing with these hidden illnesses to get the disability benefits they deserve. Sometimes, the doctors necessary to provide evidence of a disabling condition are skeptical of the level of pain their patients experience. Similarly, employers may be unwilling to accept that a worker's chronic pain affects his or her ability to work.
Fortunately, courts are beginning to consider "self-reported" findings as evidence of disability and are allowing objective medical evidence in more disability claims. Finding a doctor or specialist who understands chronic pain conditions with the ability to accurately identify and document symptoms is vitally important to ensuring workers get the disability benefits they deserve.
Hiring a Lawyer May Help
Fortunately, help is available for workers with disabling, hidden illnesses. Hiring a lawyer with experience in disability claims may help workers provide proof of their condition, convince employers that their illnesses are serious and prove their cases for disability benefits in court.
If you have an invisible illness that affects your ability to perform normal work duties, contact an experienced disability insurance lawyer who may be able to help you build a case for long-term disability benefits.
Article provided by DarrasLaw
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