Law re: No Need to Show "Objective" Proof of Disability

Richard A. Cohen
Attorney at Law
Amherst, Massachusetts

I recently ran across a series of federal court decisions under the
Social Security Act which stand for the propositon that disability
benefits may not be denied for CFS and FM, based on the absence of
"objective" laboratory tests.  I believe that these cases are equally
helpful to people dealing with state agencies and private insurers,
since there appear to be no contrary judicial opinions.  The citations
to these cases are as follows:

Sarchet v. Chater, 78 F.3d 305 (7th Cir. 1996) ("there are no
laboratory tests for the presence of fibromyalgia"); Rose v. Shalala,
34 F.3d 13 (1st Cir. 1994) (the "absence of definitive diagnostic
tests" for chronic fatigue syndrome "does not constitute substantial
evidence to support a finding that claimant did not suffer from the
syndrome"); Sisco v. Dep't of Health and Human Services, 10 F.3d 739
(10th Cir. 1993) ("there is no 'dipstick' laboratory test for chronic
fatigue syndrome"); Cohen v. Secretary, 964 F.2d 524 (6th Cir. 1992)
("the exact causes of chronic fatigue syndrome are still being
explored"); Lantow v. Chater, No. 95-5262 (N.D. Okla. October 8, 1996)
("negative test results or the absence of an objective medical test to
diagnose [fibromyalgia] cannot support a conclusion that claimant does
not suffer from a potentially disabling condition").

I think that the principle these cases set forth -- that 
"objective" tests can't be required as a prerequisite to awarding 
disability benefits -- is not generally known in the CFS/FM 
communities.  Since some insurers are still purporting to deny 
benefits on this theory, everyone should be made aware that it has no 
legal basis.  Indeed, when an insurer attempts to deny benefits based 
on the lack of "objective" tests, it is bluffing.  What matters, 
obviously, is the opinion of a qualified clinician, backed up by a 
history consistent with the recognized diagnostic criteria for these 
conditions.

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