Consultant’s Disability Victory: Overturning Mutual of Omaha’s ME/CFS Denial with CPET Evidence

The Law Office of Justin C. Frankel, P.C. recently secured a hard fought victory for a client whose life and career were upended by the onset of Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS), a complex and profoundly debilitating illness. For years, she excelled as a senior management consultant for a national consulting firm, thriving in a demanding role that required sharp cognitive functioning, sustained energy, and the ability to manage high pressure environments. But as her ME/CFS symptoms intensified—crushing fatigue unrelieved by rest, post exertional malaise, cognitive dysfunction (“brain fog”), chronic pain, dizziness, unrefreshing sleep, and significant autonomic instability—she was ultimately forced to stop working by her doctors. Despite the severity of her condition, her initial claim for short term disability benefits through Mutual of Omaha was denied on the grounds of “insufficient medical evidence,” a familiar and unjust barrier faced by countless individuals living with so called “invisible illnesses.” Insurance companies often fail to grasp the true nature of ME/CFS and the profound physical, cognitive, emotional, and behavioral limitations it imposes.

Using CPET Testing to Prove Disability From ME/CFS

Recognizing the complexity of her condition and the need for objective, science based proof, Attorney Justin Frankel immediately arranged for her to undergo Cardiopulmonary Exercise Testing (CPET) at one of the world’s leading facilities specializing in ME/CFS diagnosis and research. This gold standard testing provided irrefutable evidence of her functional impairment. Justin then worked hand in hand with her treating physicians, meticulously assembling a comprehensive medical and vocational record demonstrating that returning to work was not just difficult—it was impossible. The Law Office of Justin C. Frankel, PC’s appeal left no stone unturned, addressing every deficiency in Mutual of Omaha’s reasoning and presenting a compelling, airtight case for disability.

Short-Term Disability Benefits Approved After Appeal

Faced with overwhelming evidence and a relentless, well supported appeal, Mutual of Omaha reversed its denial and approved her short term disability benefits. This victory not only restored the financial stability she desperately needed but also validated the reality of her illness and the legitimacy of her struggle. It stands as a testament to the power of informed advocacy and the unwavering commitment of the Law Office of Justin C. Frankel, P.C. to fight for those whose conditions are too often misunderstood, minimized, or dismissed.