Pain and Disability

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Credibility Important Element When Seeking Disability Claim

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 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 3, 2019), involved Dr. Farooq Khan, a neurologist, who complained of joint pain and fatigue that worsened over several years, although an exact diagnosis was elusive.

Disability Due to Pain Is Difficult to Prove

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 disabled in 2004 due to fibromyalgia and depression.