Credibility important element when seeking disability claim

Workplace Issues

By Mark D. DeBofsky

Mark D. DeBofsky is a name partner of DeBofsky, Sherman & Casciari P.C. He handles civil and appellate litigation involving employee benefits, disability insurance and other insurance claims and coverage, and Social Security law. He can be reached at mdebofsky@debofsky.com.

Posted June 5, 2019 3:22 PM

The outcome of many disability insurance cases depends on the court’s assessment of the claimant’s credibility since symptom complaints are difficult to objectively verify.A recent ruling from a federal court in New York offers an excellent example. The case of Khan v. Provident Life and Accident Insurance Co., 2019 WL 1970516 (W.D. N.Y., May 3, 2019), involved Dr. Farooq Khan, a neurologist, who complained of joint pain and fatigue that worsened over several years, although an exact diagnosis was elusive.Khan …

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