Pierce Law Group Home Page

Articles

What is Objective Medical Evidence?

By Lawrence Pierce

Often Disability Insurance Companies will demand that you prove your disability on the basis of objective medical evidence. There is a difference between 'objective' and 'subjective' medical evidence. Generally 'objective' means the sort of things your doctor can see on an x-ray or lab test report, while 'subjective' means the things you report to your doctor. For example, if you point to your arm and say it hurts, that is subjective, but if an x-ray shows a broken bone, that is objective.

Do you have to provide objective medical evidence of disability to your insurance company?

Generally the answer is " NO." Most insurance policies do not require that the disability be proved with anything more than "written proof" , or " due written proof" of disability. The request for objective evidence is one more tactic used by insurance companies to try to discourage you and your doctor from pursuing a claim.

In my experience , claimants with perfectly good claims will be told, by the insurance company , that they do not qualify, and that the company needs more proof. Often the claimant is asked to file an "appeal." Often the "appeal" is another time waster, and no real appeal at all.

Illnesses such as Fibromyalgia (FM) and Chronic Fatigue Syndrome (CFS) are considered subjective by the disability insurance industry because , even thought the medical profession can confidently diagnose them, the doctor must rely on the patient's report to some degree.

You need not prove that your condition has a name, or that it can be diagnosed objectively. It is enough that your doctor is willing to certify you as ' totally disabled."

When in doubt, confront the disability insurance company, and ask for a copy of the policy provision that requires proof of disability with 'objective' medical evidence.

Lawrence Pierce is a Vancouver lawyer, with Pierce Law Group, specializing in disability insurance cases. He has recently won judgments against Sun Life, Great West Life, and Unum Life for aggravated damages.

Contact us for more information.