Can I claim total and permanent disability for chronic fatigue syndrome?

What is chronic fatigue syndrome?

If you’ve found this article, chances are you know the debilitating nature of chronic fatigue syndrome (CFS). 

CFS is a complex ailment characterised by excessive exhaustion that lasts for at least six months and that is not fully explained by an underlying medical condition. Physical or mental exertion makes the tiredness worse; rest does not make it better.  

Additional identifying signs comprise:  

  • An unrefreshing night’s sleep  
  • Memory, concentration, and focus problems  
  • Dizziness that gets worse when getting up from a seated or lying down position 

This condition is also known as myalgic encephalomyelitis (ME) or more recently, systemic illness with exertional intolerance (SEID).   

Although there are many theories for the cause of CFS, from viral infections to psychological stress, the origin of chronic fatigue syndrome is unknown. According to some specialists, several variables may contribute to chronic fatigue syndrome.  

The diagnosis of chronic fatigue syndrome cannot be verified by a single test. To rule out other health issues that have comparable symptoms, you might require a number of medical tests. Sadly, the current goal of treatment for chronic fatigue syndrome is to reduce symptoms. 

Can I make a disability insurance claim for chronic fatigue?

Know your rights. 

Most disability insurance claims are cause-agnostic, meaning that it is irrelevant what injury or illness causes you to be unable to work. 

If you can demonstrate that your CFS is diagnosed, disabling and that you are unlikely to return to work within your education, training and experience you may have good prospects of success for a total and permanent disability (TPD) claim. 

 That said, because of the sometimes-controversial nature of a chronic fatigue diagnosis, it pays to have informed legal advice and access to doctors who understand the nature of the condition. 

 The above also applies equally to those suffering from chronic regional pain syndrome (CRPS) and fibromyalgia. 

How can Littles help?

If you are yet to make a trauma, income protection or total and permanent disability claim because of your CFS, you are entitled to legal representation and Littles can help you. 

 If you have already lodged a claim and it has been rejected by a superannuation fund or insurer, you may be entitled to have the decision reviewed through an internal resolution procedure.  

If your complaint has been upheld, you may be able to litigate in a court or lodge a complaint with the Australian Financial Complaints Authority (AFCA). 

There are strict time limits to challenge an insurer’s decision, so it’s important you seek legal advice as soon as possible. 

What is the Littles difference?

Put simply, Littles are experts in superannuation and insurance law matters. 

Our insurance team has helped thousands of consumers claim their entitlements, and our Head of TPD and General Insurance has extensive industry knowledge and insight on how to maximise your prospects of success. 

We also speak your language, at sixteen languages and counting. Forget paying for a translator or for a lawyer who doesn’t understand you and your cultural background. 

All our superannuation and insurance law matters are conducted on a no win, no fee basis, and we don’t charge you upfront for any disbursements necessary to prosecute your claim.  

 If you would like superannuation and insurance law advice, reach out to Littles today by using our free Claim Checker. 

About the author

Rowan McDonald

Littles’ Head of TPD and General Insurance, Rowan McDonald, is an expert in insurance and superannuation law.  Rowan is an experienced litigator and has prosecuted thousands of successful insurance claims for consumers. 

Having worked in the insurance industry for over fifteen years, Rowan has an extensive industry contact list and regularly presents to disability support groups, financial industry professionals and multicultural organisations. 

Rowan has also advised some of Australia’s top insurers, giving him unrivalled insight into the claim process from all perspectives.  Rowan takes a pragmatic and common-sense approach to the advice he provides his clients. 

For your free, personal consultation get in touch with Rowan today.  

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