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Hi I'm Nick Ortiz I'm a board certified disability insurance attorney today I'm here to talk to you about Liberty Life Assurance Company of Boston oftentimes they go by Liberty Mutual instead, so you may know them by that name more specifically we're here to talk about some reasons why Liberty Mutual may deny long term disability claims and what you can do to appeal it one of the reasons why Liberty Mutual denies claims is because they say there is insufficient objective medical evidence to support the claim what do they mean by that objective medical evidence is the type of evidence that can be shown through testing such as x-rays MRIs CT scans the types of things that you can take a picture of, or you can measure measurements might include other types of tests like an echocardiogram for the heart or an ejection fraction measurement of the heart or a pulmonary function test which is measuring the breathing capacity of the lungs those are objective in nature because you can there are certain metrics that are used to evaluate one's abilities in those areas' problem is that not every single type of medical condition is subject to objective testing so for example let's take a fibromyalgia or connective tissue disorder those are the types of claims where there is no test that you can use to take a picture of the types of muscular pain that you're experiencing and so what you need to do to prove up those types of cases introduce other types of evidence such as a statement from you under penalty of perjury or statements from your doctors about the types of impairments that you have because of your underlying condition maybe they'll fill out a form for you an attending physician statement, or they'll order additional testing like a functional capacity evaluation where they do specific measurements about what your abilities are given your underlying condition, so those are some of the ways that you can counteract the objective evidence arguments that last part also goes towards another common region why deny claims as they say that there is insufficient medical evidence to show specific functional impairment what that means is they might try to argue okay we see that there is something like an MRI or an x-ray, but we don't see how the results from those tests show what your functional impairment is which is what your limitations are functional impairment is something like the inability to lift over 10 pounds or the inability to bends to crouch or crawl the inability to stand for more than 5 minutes walk more than a block so what they're saying is we don't see enough evidence to show that you're going to have those types of impairments so what I referenced earlier the functional capacity evaluation is perhaps a testing that can be done by an expert to specifically measure how long you can do those things so if they want to try to determine how long you can walk they might have you go on a treadmill, and they'll literally measure how long you can walk...
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