This website is an outgrowth of the internet discussion list, . We hope that it can serve as a gathering point for information and advice about the process of applying for, appealing, and renewing disability insurance from private Long-Term Disability insurers and the U.S. Social Security Administration (SSDI).
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Because the authors of this page have the disease CFIDS/M.E. (chronic fatigue syndrome, chronic fatigue and immune dysfunction syndrome, or Myalgic Encephalomyelitis), the website tends to emphasize information of help to people with those and similar disorders. In addition to CFIDS/M.E., we think this page can be of particular help to those who suffer from Fibromyalgia, Multiple Chemical Sensitivities, Gulf War Syndrome,Post-Polio Syndrome, Multiple Sclerosis, Lupus, and other neuro-immunological disorders.
The page currently focuses on the United States legal and welfare systems, but in time we hope to be able to add or link to information for other nations.
All of these illnesses can impact severely the cognitive abilities of the person affected. The complexity, red tape, and endless forms required of the disability insurance system (both public and private) places a special burden on those who are so disabled by these diseases that they can no longer work. The patient finds himself/herself in a situation that she/he never expected, and never desired -- and is generally left to make their way through the maze alone.
This page has been constructed by patients who have been through "the system," in the hopes it can help others find their way. Opinions expressed about particular insurance companies or the social security disability administration are those of the specific essay authors and are not to be considered the responsibility of the webmaster. In the interests of freedom of speech, we do not believe that open discussion about insurance company practices should be curtailed. If insurance companies have alternate information, we will be delighted to post it.
We ask readers to take this information with a grain of salt; this is intended as information and advice between friends and neighbors in cyberspace. It is not, and cannot be, a list for formal legal advice. Readers are always advised to consult a lawyer before acting on any suggestions received here.
If you have any questions, suggestions for improvements, submissions for posting on the website, or website URLs to add to our list, please contact us at the Webmaster's address. For information about the email discussion list , either go to or contact the listowners.
Good luck! You are not alone.
Table of Contents
- Basic Information
- Essays on Disability Insurance Issues
- Help with Forms
- Court cases
- Legislation to Regulate Private Insurance
- "The Disinissues Good Lawyer List"
- U.S. Social Security Administration Disability Information
- Canadian Disability Benefits and EI Information
- Disability Resources on the Web (issues beyond insurance)
Basic Information
- The Disinissues FAQ: Definitions of commonly used acronyms and explanations of terms used in disability insurance issues
- - an email discussion list for Disability Insurance Issues
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Essays on Disability Insurance Issues
- "Trust Law as Regulatory Law: The UNUM/Provident Scandal and Judicial Review of Benefit Denials under ERISA," by John H. Langbein, Professor, Yale Law School. Yale Law School John M. Olin Center for Studies in Law, Economics, and Public POlicy, Reearch Paper No. 329 and Yale Law School PUblic Law and Legal Theory Research Paper No. 118. Thanks to the Social Science Research Network Electronic Paper Collection at .
- Subjective Symptom Disability Claims: CFS, FMS, and MCSS
- "Obtaining Disabilitiy Benefits" by attorney Scott Davis, for Chronicfatigue.about.com -- Click here for and here for .
- "Delays, Denials and Deceptions: The truth about LTD insurance" by Annie Bloom.
- "Unconscionable Behavior: UNUM's response to CFIDS claim is appalling," by Benjamin Havens, Jr
- Prognosis for Recovery from Severe Impairment and Qualification for Disability Benefits
- "Guilty until proven innocent: Dealing with a flawed SSDI Application process," by Mary Schweitzer
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Help with Forms
- Sample SSDI application for Chronic Fatigue Syndrome (CFIDS) patient.
- "How I answered Section 8 questions," anonymous author
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Court cases
- -- U.S. 9th Circuit Court of Appeals, San Francisco, CA (filed 6/29/99) finds "Intel failed to comply with [ERISA] when it denied Friedrich's claim for long term disability benefits"; for Chronic Fatigue Syndrome, upholding lower court decision granting Friedlich independent "de novo"; review, which then approved her claim.
- Judith Lang v. Standard Insurance -- Long-term Disability Insuror at fault in denying claim that patient had fibromyalgia, a physical ailment, insisting instead she suffered from "stress." -- California
- Mitchell vs. Eastman Kodak -- U.S. Appeals Court rules that "objective medical evidence" unnecessary in awarding Long Term Disability if sufficient objective evidence exists, medical or not.
- Ladd vs. ITT and Met Life -- ERISA suit overturns the denial of Rebecca Ladd's claim for disability benefits because, among other things, Met Life paid for an attorney to help Ladd get Social Security Disability Insurance.
- -- Patient with CFS wins Social Security Disability benefits; court rules that ALJ used wrong sources of information in making original denial.
- "Subjective Symptom Disability Claims: CFS, FMS, and MCSS", by Rick Lawrence, attorney for UNUM -- the view from the "other side" of the disability contract; includes a number of references to court cases.
- -- Court dismisses HMO's claim for protection from tort cases under ERISA; technically a health insurance case but ramifications for disability insurance.
- -- Reliance lied to the court in the original District Court Hearing stating that claimaint was not put under surveilence when in fact he had been, and Reliance disregarded the District court's finding's of fact that Mr. O'Bryhim was disabled by CFS and the date of his disability. Reliance changed the courts findings and paid Mr. O'Bryhim under the mental illness portion of the plan so they could limit losses to two years. Court finds bad faith by Reliance and under ERISA grants attorney fees to Mr. O'Bryhim plus decsion in his favor.
- UNUM memo on subjective symptom disability claims
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Legislation Relating to Private Long-Term Disability Insurors
- , passed April 1999, establishes funds to create a program of public awareness and health education, including a manual, that should be useful for those seeking disability for CFS in that state.
- Model State Legislation to Ban Discrimination in Sale of Long Term Disability Insurance (Massachusetts initiative)
- U.S. Department of Labor initiative to reform ERISA
- Response by former Insurance Committee of WECAN to U.S. Dept. of Labor ERISA Questionnaire, fall 1997
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Information on U.S. Social Security Disability
- Official Social Security Administration guidelines for Chronic Fatigue Syndrome, as published in the Federal Register April 30, 1999.
- Applying for Social Security Disability Insurance, compiled by Linie Moore
- Policy Directive RSA-PD-97-04 DATE: August 19, 1997
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Canadian Disability Benefits and EI Information
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Disability Resources on the Web
- ADA-Law@listserv.nodak.edu -- Discussion list for legal queries and issues relating to the Americans with Disabilities Act; for information on subscribing, write to the listowner, or send a message with "subscribe ADA-Law [insert your name]" in the body to listserv@listserv.nodak.edu. The list is also available as a bulletin board.
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For information about the disease ME/CFS, go to The CFIDS/M.E. Information Page
Click here to contact the Webmaster. This page is owned and maintained by Mary Schweitzer, with help from a committee from the discussion list .