Can disability be proven by pain symptoms alone or is “objective” medical evidence required? A recent federal court ruling from Maryland, Krysztofiak v. Boston Mutual Life Insurance Co., 2019 WL 6528609 (D. Md., Dec. 4, 2019), offers instructive guidance in answering that question. In the Maryland case, Dana Krysztofiak, a registered nurse, had to quit […]
The outcome of many disability insurance cases depends on the court’s assessment of the claimant’s credibility since symptom complaints are difficult to objectively verify. A recent ruling from a federal court in New York offers an excellent example. The case of Khan v. Provident Life and Accident Insurance Co., 2019 WL 1970516 (W.D. N.Y., May […]
A recent Utah federal court ruling involving an attorney claiming disability due to chronic pain raised a number of interesting issues. In Dewsnup v. Unum Life Insurance Company of America, 2018 WL 6478886 (D. Utah, Dec. 10, 2018), a trial attorney, Ralph Dewsnup, sought disability benefits after he underwent quadruple bypass heart surgery following a […]
Complex regional pain syndrome (CRPS), formerly known as reflex sympathetic dystrophy (RSD) is a chronic pain syndrome that can occur after an injury, and its persistence is often significantly worse than the original injury. It is a difficult condition to diagnose and common for disability insurance companies to refute or deny as a compensable disability […]
Proving an entitlement to disability benefits on account of pain can be challenging as a recent federal court ruling from Massachusetts recognized. The case of Kamerer v. Unum Life Insurance Company of America, 2018 WL 4539693 (D. Mass., Sept. 21, 2018), involved a claim brought by Judith Kamerer, a former employee of Accenture, who became […]
According to the National Institutes of Health, approximately one in 10 Americans experience severe pain every day. This pain could be the result of any number of conditions. Because pain is a subjective experience, not every condition that causes pain is known — but what is known is that pain can drastically affect your quality […]