Lyme disease, often misunderstood and misdiagnosed, is a debilitating condition that can profoundly impact a person’s life, frequently leading to long-term disability. At Mulqueen Disability Law, we recognize the distinct difficulties encountered by those living with Lyme disease, particularly because its disabling symptoms are often hidden from plain sight. This blog explores Lyme disease as an invisible disability, its complex nature, and its implications for your long-term disability claim.

What is Lyme Disease? 

Lyme disease is a bacterial infection transmitted through the bite of infected black-legged ticks, also known as deer ticks. It is a multisystemic illness, meaning it can affect various parts of the body, including the joints, heart, nervous system, and brain. Its pervasive nature is what contributes to the wide variety of symptoms experienced by those with Lyme disease.  

While an early symptom of Lyme disease might be a distinctive “bull’s-eye” rash (erythema migrans) on the skin caused by the tick bite, not everyone develops this rash, making an immediate diagnosis challenging. Other acute symptoms can include fever, chills, fatigue, headache, and muscle aches. Many individuals don’t remember being bitten, and the early symptoms of Lyme disease are frequently mistaken for common illnesses like a cold or the flu. 

A missed or delayed diagnosis can allow the infection to progress. The bacteria from the tick, Borrelia burgdorferi, can travel through the bloodstream if not treated promptly and effectively. Ultimately, Lyme disease can become chronic, with symptoms such as severe fatigue, widespread musculoskeletal pain, neurological and cognitive issues, and psychiatric symptoms that can last for months and even years.  

Why is Lyme Disease Considered an “Invisible Disability”?

One of the most frustrating aspects of Lyme disease for sufferers is its “invisible” nature. Unlike a broken arm or a visible injury, many of the most debilitating symptoms of Lyme disease are internal and not readily apparent to others. This often leads to a lack of understanding, skepticism, and even disbelief from family, friends, employers, and, unfortunately, insurance companies.

Common invisible symptoms of chronic Lyme disease include:

• Profound Fatigue: This isn’t just feeling tired; it’s an overwhelming, unrefreshing exhaustion that can make even simple tasks impossible. It’s often described as similar to chronic fatigue syndrome.
• Widespread Pain: This can manifest as joint pain, muscle pain (myalgias), nerve pain (neuropathy), and even fibromyalgia-like symptoms. The pain can migrate and vary in intensity, making it unpredictable.
• Cognitive Impairment (“Brain Fog”): This includes difficulties with memory, concentration, focus, word-finding, and processing information. These cognitive issues can severely impact an individual’s ability to work and perform daily activities.
• Neurological Symptoms: Beyond brain fog, Lyme can cause headaches, migraines, vertigo, dizziness, numbness, tingling, and even seizures. In some cases, it can lead to conditions like postural orthostatic tachycardia syndrome (POTS).
• Sleep Disorders: Insomnia and unrefreshing sleep are common, further exacerbating fatigue and other symptoms.
• Gastrointestinal Issues: Irritable bowel syndrome (IBS) and other digestive problems are frequently reported.
• Psychological Symptoms: Depression, anxiety, and adjustment disorders can arise, often as a direct result of the disease’s impact on the brain and the emotional toll of living with a chronic, misunderstood illness.

These symptoms, while not outwardly visible, can severely limit an individual’s functional capacity, making it impossible to maintain employment or engage in normal daily activities.

The Challenges of Diagnosis and Treatment

Diagnosing Lyme disease can be complex and time-consuming. Standard serological tests often have limitations, especially in later stages of the disease, leading to false negatives. This diagnostic ambiguity can delay appropriate treatment, allowing the infection to become chronic and more challenging to treat. Some individuals may even be diagnosed with other conditions like fibromyalgia or chronic fatigue syndrome before Lyme is considered.

Treatment typically involves antibiotics, but for chronic Lyme disease, extended or combination therapies may be necessary. Individuals often require a multidisciplinary approach, including symptom management for pain, fatigue, and neurological issues. This can involve numerous appointments with specialists, alternative treatments, and significant out-of-pocket expenses.

Lyme Disease and Long-Term Disability Claims: A Difficult Road

For those suffering from chronic Lyme disease, seeking long-term disability benefits can be a daunting process. Insurance companies often look for “objective” medical evidence, and because many Lyme symptoms are subjective and not easily quantifiable through standard tests, claims can be denied. This is where the “invisible disability” aspect becomes a significant hurdle.

Insurance adjusters may argue that there is no “objective” proof of disability, or they may misinterpret medical records, focusing on isolated improvements rather than the overall debilitating nature of the condition. They might also rely on opinions from their own medical consultants who have not examined the individual and may have outdated views on conditions like chronic fatigue and pain.

Key Considerations

Mulqueen Disability Law has extensive experience with cases involving complex and invisible conditions like Lyme disease. We understand that:

• Medical records are paramount: Thorough and consistent medical documentation from treating physicians, specialists (including infectious disease specialists, neurologists, rheumatologists, and pain management specialists), and other healthcare providers is crucial. This includes detailed notes on symptoms, functional limitations, treatments attempted, and prognosis.
• Subjective reporting is valid: While insurers may prioritize objective evidence, your consistent and credible reporting of symptoms and their impact on your daily life is vital. Your doctors’ opinions, based on their observations and discussions with you, are critical in supporting your claim.
• “Gainful employment” definitions matter: The definition of “disability” and “gainful employment” in your specific policy will dictate the criteria you need to meet. It’s not just about whether you can do your “own occupation” but often whether you can perform “any occupation” for which you are reasonably suited by education, training, or experience.
• Relief from forfeiture: In some cases, if there are delays in filing a claim due to the nature of the illness (e.g., cognitive impairment), arguments for “relief from forfeiture” might be applicable.

How We Can Help

Navigating a long-term disability claim for an invisible illness like Lyme disease requires specialized knowledge and experience. Our team at Mulqueen Disability Law is dedicated to advocating for individuals whose lives have been impacted by chronic and complex conditions. We can assist by:

• Reviewing your insurance policy: Understanding the specific terms and definitions in your policy is critical to building a strong claim.
• Gathering comprehensive medical evidence: We work with you and your healthcare providers to ensure all relevant medical documentation, including detailed reports on your symptoms, limitations, and prognosis, is submitted.
• Responding to insurer’s denials and appeals: We challenge unsubstantiated denials and present a compelling case for your entitlement to benefits. We are prepared to address common insurer tactics, such as discrediting subjective symptoms or relying on biased medical opinions.
• Representing you through litigation: If necessary, we are prepared to pursue litigation to secure the benefits you deserve. 

Contact us for a Free Consultation

Lyme disease, though often invisible, can be profoundly disabling. If you are struggling with chronic Lyme disease and your long-term disability claim has been denied or is facing challenges, you don’t have to fight this battle alone. Contact us today for a free consultation. 

Mulqueen Disability Law specializes in hard-to-prove long-term disability claims for “Invisible Conditions” such as mental illness (depression, anxiety, PTSD) and chronic conditions (pain, neurological, immunological, concussion, post-COVID)  Contact us for a free confidential consultation.

Mulqueen Disability Law is a boutique law firm, focused on litigating long-term disability insurance benefit claims. Courtney Mulqueen and her team of legal professionals are Trauma-Informed Certified and have over two decades of experience exclusively in the area of long-term disability law. She and her team draw on their “insider” experience working for the insurance companies (including, Canada Life, Sun Life, Manulife, and OTIP), that they now sue for their clients.  

The preceding is not intended to be legal advice. This blog is made available for educational purposes only as well as to give you general information and a general understanding of the law, not to provide specific legal advice. By using this blog, you understand that there is no solicitor client relationship between you and the blog publisher. The blog should not be used as a substitute for competent legal advice from a licensed lawyer in your jurisdiction. If your disability claim has been denied and you require legal advice, please contact a lawyer specializing in disability law.