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Disability attorneys Gregory Dell and Stephen Jessup discuss the challenges faced with short and long term disability claims resulting from chronic fatigue syndrome. Although chronic fatigue syndrome is a real and difficult condition for the person suffering with it, it is subjective in nature, meaning there are no diagnostic tests that can pinpoint a diagnosis of chronic fatigue syndrome. As a result, disability insurance companies will take advantage and commonly deny these claims on the basis that the claimant was not able to provide any objective medical evidence to support their disability as a result of this condition. Many disability insurance policies are written with 24 month limitations for receiving benefits for this condition due to the fact that it is based only on subjective complaints. Often a claimant will undergo extensive testing, such as bloodwork, MRIs or brain studies, which will come back negative. And after the physician rules out all other possible causes, will then diagnose chronic fatigue syndrome. Disability insurance companies also try to pawn off they symptoms of chronic fatigue syndrome as resulting from a somatic or psychological disorder, such as depression. It is important that your treating physician document your symptoms in the context of chronic fatigue syndrome, and it is even helpful to keep a journal documenting your symptoms and how they limit and restrict you from performing your job. Please feel free to contact any of our disability attorneys for a free consultation to discuss your disability insurance claim.
