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Proving “Invisible” Disabilities: What Do You Need to Know Before Filing a Claim Under Your Private Disability Insurance Policy?

Jul 31, 2026 - Disability Insurance, Long Term Disability Insurance by

When you suffer from an “invisible” disability that does not have obvious physical symptoms, you need to present substantial evidence to support your claim for long-term disability insurance benefits because your claim will be scrutinized more heavily than claims involving other types of disabilities. This is not surprising when you consider the basic premise insurers operate under—they seek to keep profits high by paying out as little as possible. It is easier for them to deny claims regarding injuries that are more difficult to document. So they deny these claims and hope that policyholders accept the results without a fight.

At Seltzer & Associates, we’ve seen this scenario played out far too many times. We help disability claimants acquire evidence to demonstrate their disabilities and present that evidence in ways that conclusively prove that claimants meet the standards to receive benefits under the terms of their policies. Before you file a claim for an invisible disability under a private disability insurance policy, it is essential to understand how to persuasively document your condition and the impact it is having on your ability to work.

What is an Invisible Disability?

A so-called invisible disability is a condition that interferes with functional abilities but is not readily apparent. It may be a physical condition, a neurological impairment, or a condition that impacts mental health. People can be skeptical about the existence or severity of invisible disabilities, and that allows insurance companies to deny claims for these conditions without worrying that they will be accused of acting in bad faith.

Some examples of invisible disabilities include

These conditions often make it difficult or impossible to accomplish tasks that are a routine part of working and living. For instance, if a brain injury or learning disability prevents you from concentrating, it may be extremely difficult to read and focus, which makes it impossible to perform many job tasks, particularly those in intellectually demanding fields such as medicine, law, and finance.

Why are Invisible Disability Claims More Difficult?

Insurance companies will only agree to pay benefits when they have clear evidence that a condition is severe enough to prevent you from working, and it is hard to get clear evidence about the extent of an invisible disability. Many of these conditions do not appear on standard medical tests and images such as blood tests, X-rays, CT scans, and MRIs. The symptoms tend to be subjective, such as:

  • Pain
  • Brain fog and concentration impairment
  • Fatigue
  • Dizziness
  • Coordination difficulties
  • Memory problems

Insurance companies, supervisors, and co-workers often unfairly assume that the symptoms are imagined or exaggerated because it is hard to effectively prove their existence and effect. Insurance companies may request repeated evaluations, demand independent medical exams, and continue to insist that documentation is inadequate to demonstrate the disability. 

In addition, the insurer may actively seek evidence to dispute the claim by hiring a detective to follow the claimant and monitor posts about the claimant on social media. They will comb through every piece of evidence to look for inconsistencies they can use to refute the claimant’s assertions.

What Evidence Helps Prove an Invisible Disability?

To prove a disability that is not obvious, you need a combination of persuasive medical records, statements from physicians, functional test results, and evidence of consistent symptoms and treatment.

What is the Most Helpful Medical Evidence?

When disabilities are essentially invisible, opinions from physicians and treatment history are often the most valuable pieces of medical evidence. When many disability claims hinge on test results and imaging, in the case of invisible injuries, these records may be of little use. Instead, statements from treating physicians are often the most helpful. These statements should:

  • Explain the medical diagnosis
  • Summarize findings of specialists
  • Describe the functional limitations resulting from the disabling condition
  • Explain how long the condition is expected to last and the future prognosis
  • Describe work restrictions (type and extent)

When detailed physician statements are combined with records showing that the claimant has been treated for the condition, this medical evidence can form a valuable component in the claim.

How Can the Effects of the Condition Be Demonstrated?

The effects of invisible disabilities can be demonstrated through functional testing, symptom journals, and consistent treatment history.

The claimant should keep a regular journal describing the pain and other symptoms of the injury and the ways the symptoms are preventing them from accomplishing basic tasks. The more detailed the entries and the more frequent they are, the more persuasive the journal will be. In addition to documenting the effects of the condition itself, it is helpful to describe the side effects of medication or other treatment. For instance, if the medication for chronic migraines alleviates pain but causes dizziness or sleepiness that prevents the claimant from sitting up, reading, or focusing, that should be recorded in the journal.

Functional testing that evaluates the impact of an invisible disability might include:

  • Cognitive testing
  • Occupational therapy assessments
  • A formal Functional Capacity Evaluation measuring physical abilities, endurance, and tolerance for work tasks
  • Neuropsychological testing

To succeed in recovering benefits under a disability insurance policy, it is more important to prove the disabling effects of a condition than to pinpoint the exact condition itself. Limitations matter more than the diagnosis.

FAQs About Disability Insurance Claims for Invisible Injuries

What issues do disability insurance providers focus on when evaluating a claim?

Disability insurance providers evaluate claims to see what the claimant is still able to do and whether the remaining abilities are sufficient to allow them to work. To receive benefits, it is necessary to show the reasons why the disability makes work impractical or impossible. For example, a claimant suffering from fibromyalgia might submit physician statements and other evidence revealing that:

  • Pain prevents the claimant from sitting for extended periods
  • Sleep interference leads to brain fog that makes it difficult to concentrate
  • Nerve disturbances can flare at unexpected times, requiring frequent breaks
  • Numbness in hands interferes with fine motor skills such as writing or typing
  • Pain and other symptoms require frequent bed rest

It is vital to document the limitations and the extent of those limitations. The insurance company doesn’t really care what is wrong. They need to be satisfied that you are not able to work.

Does it matter whether I have an ERISA policy or an individual policy?

Whether a policy is governed by ERISA, it is important to review the specific definition of disability in your policy to determine whether your condition qualifies you for benefits and what the insurance company expects to see. Sometimes, it is necessary to read between the lines with an understanding of the terms of art used in insurance policies. 

At Seltzer & Associates, we can review your policy and answer questions about your coverage and whether the policy is governed by ERISA law. If it is, it is crucial to meet legal deadlines and present all your evidence during the initial claim or an internal appeal. If you need to challenge a decision on an ERISA policy in court, you would probably not be allowed to introduce new evidence, so you need to present your full evidence early on.

What mistakes do I need to avoid when filing a disability insurance claim for an invisible injury?

When filing disability insurance claims for injuries that are hard to prove, people often make a variety of mistakes such as:

  • Posting photos or information on social media that downplays the negative effects of their condition
  • Failing to submit requested paperwork
  • Not receiving timely follow-up care so there are gaps in the medical record
  • Submitting a physician statement that is brief and vague and does not clearly explain the extent of their limitations
  • Trying to be strong by minimizing the pain or other symptoms when talking to physicians or others who may be called on as witnesses
  • Missing the deadline for filing an appeal
  • Going back to work too soon

When you work with an experienced disability insurance attorney during the claims or appeal process, your lawyer can provide guidance to help you avoid mistakes and to present evidence that secures full benefits without unnecessary delays.

Can I qualify for disability benefits just because of chronic pain without a definite diagnosis?

If you present the right evidence documenting the symptoms and their impact on your ability to perform job-related tasks, then you may be eligible to receive disability insurance benefits. It would be wise to work with an experienced disability insurance attorney during the claims process.

If You Need to Prove Invisible Injuries for Your Disability Insurance Claim, We Can Help

For decades, the legal team at Seltzer & Associates has focused on helping professionals obtain the benefits they deserve from their private disability insurance policies. We know that insurance companies are more likely to deny claims from professionals, wrongfully insisting that they remain able to work when disabilities prevent them from doing so. We also know how hard it can be to demonstrate that certain disabling conditions qualify for benefits under the terms of your policy, and we are ready to assist.

Whether you are just starting the claims process, you’ve received a denial and need to appeal, or you just have questions about your policy, we invite you to schedule a free consultation with an experienced disability insurance attorney on our team to get the guidance and support you need to move forward.


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