In today’s world, awareness of various health conditions has undergone significant evolution. However, the recognition of ‘invisible illnesses’—health conditions that do not have visible symptoms—still faces substantial challenges, particularly in the realm of disability insurance. Conditions such as mental health disorders, autoimmune diseases, Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS), and Long COVID can profoundly impact a person’s ability to work, yet they often go misunderstood or underappreciated by insurance providers.
At Kantor & Kantor, LLP, we understand the complexities surrounding these diseases and the shortcomings of disability insurance in adequately addressing the needs of those affected.
Understanding Invisible Illnesses
So-called invisible illnesses affect an estimated 10% of the 61 million Americans who deal with a physical or mental ailment that limits their movements or senses, according to the CDC.
Invisible illnesses, by their nature, are not immediately apparent to others. Unlike a broken leg or a visible injury, these conditions are often internal, leading to a misunderstanding of their severity. Mental health disorders, autoimmune diseases like lupus or rheumatoid arthritis, ME/CFS, and Long COVID can considerably disrupt daily life, causing debilitating fatigue, cognitive dysfunction, pain, and other symptoms that prevent individuals from performing their jobs.
While society is gradually becoming more compassionate and understanding toward these disorders, disability insurance companies have been slower to adapt their policies and practices in response to the growing recognition of these conditions. This disconnect can have dire consequences for those suffering.
The Performance Gap in Disability Insurance
Disability insurance is designed to provide financial support to individuals unable to work due to medical conditions. However, invisible illnesses often face skepticism from insurance assessors. Insurers often require objective medical evidence, such as laboratory tests or imaging studies, to validate claims. This requirement can be problematic for conditions that lack such clear diagnostic tests. For instance, ME/CFS is characterized by severe fatigue that is not relieved by rest, yet many patients undergo extensive testing only to be told their symptoms are “invisible” or “mental.”
Similarly, individuals with Long COVID may demonstrate a wide range of ongoing symptoms, yet many insurance companies may dismiss them due to the lack of a single diagnostic test. Insurers often perceive these conditions through a narrow lens, making it difficult for claimants to receive the necessary support. Kantor & Kantor attorneys discuss this further in an article for the International Pain Foundation.
Why Change is Necessary
The existing treatment of invisible illnesses by disability insurance needs reform for several reasons:
- Rising Incidence Rates: Conditions like ME/CFS and Long COVID have seen a marked increase in prevalence, particularly in the wake of the COVID-19 pandemic. As more individuals are diagnosed with these conditions, the need for better understanding and accommodation becomes critical.
- Economic Impacts: Disability due to invisible illnesses often leads to a loss of income and increased healthcare costs, putting financial strain on the affected individuals and their families. Insurers must recognize the legitimate claims stemming from these conditions and provide the support necessary to mitigate this burden.
- Holistic Recognition of Health: Health is not just physical; it encompasses mental well-being as well. More progressive frameworks for disability insurance should integrate a broader understanding of health that includes mental health and chronic illness.
- Improving Quality of Life: By evolving to include better treatment for claims related to invisible illnesses, insurance companies can facilitate better quality of life for policyholders. A timely and supportive response not only helps ensure financial stability but also underscores the importance of acknowledging these conditions as serious and legitimate.
- Legal and Ethical Responsibility: As experienced disability insurance attorneys, Kantor & Kantor emphasizes that insurers have a legal and ethical obligation to treat all valid claims fairly. This includes recognizing the legitimacy of invisible illnesses and not adding to the burden of those suffering from them.
Frequently Asked Questions about Disability Insurance and Invisible Illnesses
What qualifies as an invisible illness for disability insurance?
Invisible illnesses can include a range of conditions such as chronic pain disorders, autoimmune diseases, mental health conditions, ME/CFS, and Long COVID. Each of these can significantly impair your ability to work, often without visible symptoms.
How can I prove my invisible illness to an insurance company?
Documenting your medical history, maintaining records of symptoms, treatment plans, and any medical diagnostics is crucial. It’s also beneficial to have support from healthcare providers who can attest to the impact of your illness on your daily functioning.
What steps should I take if my claim is denied?
If your claim is denied, do not lose hope. You can appeal the decision by gathering more evidence, seeking a professional who can help you navigate the appeals process, and consulting with a disability insurance attorney at Kantor & Kantor, LLC.
Can I receive benefits for mental health conditions?
Yes, mental health conditions qualify for disability benefits under many insurance plans. Nevertheless, they must be well-documented, and having a mental health professional to back your claim can be instrumental.
What role do attorneys play in disability insurance claims?
Attorneys specializing in disability insurance can provide essential guidance in navigating the claims process. They can help you compile evidence, lodge appeals, and represent your interests should disputes arise.
Get Help with Disability for Invisible Illnesses in CA, WA, OR, & NV
The treatment of invisible illnesses within the realm of disability insurance deserves urgent reform. As society continues to evolve in its understanding of health, so too must our systems of support. At Kantor & Kantor, we are committed to advocating for those with invisible illnesses and helping them secure the benefits they rightfully deserve.
If you or a loved one is struggling with a disability insurance claim related to an invisible illness, don’t hesitate to reach out to our experienced legal team for assistance.
