Objective Evidence of Disability
The attorneys of MyLTDbenefits.com argue long-term disability benefits cases in Michigan, Ohio, Kentucky and Tennessee where the courts apply a general rule “finding an abuse of [a long-term disability policy administrator’s] discretion where limitations not present in the plan are used to deny coverage . . . [unless the administrator’s] interpretation of the . . . [plan’s language is] a reasonable interpretation of the plan, even though it was not based on the text.”
Several courts have held that insurers cannot require “objective evidence” of Fibromyalgia when the nature of the condition defies objectification. Objective medical tests have been deemed to be “little aid or relevance” for Fibromyalgia.
However, the case law suggests that in contrast to objective evidence of the underlying Fibromyalgia condition, it may be reasonable for an insurer to request objective evidence of a claimant’s functional capacity.
The disability benefit lawyers of MyLTDbenefits.com have found it invaluable to provide in long-term disability benefits cases in Michigan, Ohio, Kentucky and Tennessee, affidavits from co-workers, family members and friends detailing their observations of an individual’s functional limitations. Such affidavits may suffice for objective supporting evidence of the disability. In one such case the court held that the decision to deny disability benefits without giving full and fair consideration to affidavits submitted by the plaintiff and her relatives was arbitrary.
Contact our Long term disability benefits lawyer in Michigan, Ohio, Kentucky and Tennessee to obtain your long-term disability (ERISA) benefits. Call 262-785-9606 to discuss representation.