A disabling condition can change your life. Not only can it physically drain you, but it can cause you a considerable amount of emotional and financial stress as well. It can keep you out of work and from participating in the activities you love.
Your rights under the Employment Retirement Income Security Act (ERISA) often should cover your long-term disability benefits from your employer. These benefits can help to significantly reduce the financial burden on you and your family.
However, some disabling conditions with subjective symptoms might leave many people around Texas facing some challenges when they seek to recover the benefits they deserve.
ERISA often restricts benefits for subjective symptom conditions
In order to obtain benefits under ERISA, there are several strict requirements you must meet, including waiting for the specified amount of time and providing clear evidence of the disability.
However, providing medical evidence of some disabling conditions can be challenging, especially if they are subjective symptom conditions. “Subjective symptom conditions” do not usually have a diagnosis from an objective clinical test. These are conditions including, but not limited to:
- Fibromyalgia and other chronic pain disorders
- Musculoskeletal disorders
- Rheumatoid arthritis
- Chronic fatigue syndrome
- Irritable bowel syndrome
All of these conditions have apparent and disabling symptoms. Though, since these conditions can also often have good days and bad days, it can be difficult to determine when they will flare up. This can make it difficult to prove your condition. Unfortunately, it is also why ERISA places limitations on these kinds of conditions.
How do you prove a subjective symptom condition?
Thankfully, the reliance on objective evidence is changing. There are many people with these conditions who successfully obtain the benefits they deserve. However, just as many still face the risk of denials or reduced benefits.
But there are ways you can prove your claim. If you experience subjective symptoms, you should:
- Keep detailed records of your symptoms, including when you experience them.
- Demonstrate how these symptoms prevent you from completing your responsibilities at work.
- Consult a trusted medical professional to provide an official opinion about your condition.
- Gather the history of your medical condition, including the records of your treatment.
This might sound frustrating, especially on top of experiencing severe pain that disrupts your daily life. However, providing clear evidence of your condition can often make all the difference when it comes to recovering your benefits.
