If your long-term disability claim in Vancouver has been denied for “lack of objective evidence,” you are not alone. That phrase appears in denial letters from all the big insurance companies constantly. It sounds authoritative, but in many cases it is being used too broadly, too rigidly, or without proper attention to the actual wording of the policy and the real-world nature of the disabling condition. Courts have repeatedly recognized that many legitimate disabilities do not show up neatly on an x-ray, MRI, or blood test. Chronic pain, fibromyalgia, chronic fatigue syndrome, post-concussion symptoms, depression, anxiety, and other psychiatric conditions can be profoundly disabling even when the insurer says the evidence is “subjective.”
What matters in a British Columbia long-term disability claim is not whether the insurer can point to a perfect lab result. The real question is whether the available evidence proves that, because of … Continue reading