Seeing is Believing: Identifying the “Ideal Manifestation of Hidden Disability” in Ontario’s and Quebec’s Social Benefits Tribunals

Abstract:

The phenomenon of disability skepticism, especially in relation to “hidden” disabilities like chronic fatigue syndrome (CFS), has fostered a culture of doubt among medical, legal, and public entities. This paper explores the intersection of such skepticism with the social benefits adjudication processes in Ontario and Quebec. In drawing parallels to feminist critiques of the “ideal victim” in sexual assault cases, it argues that the tribunals’ biased framework for believability is based on a claimant’s conformity to stereotypical expectations of what an “ideal” claimant with a hidden disability looks like.

By comparatively examining 10 years worth of Ontario and Quebec tribunal decisions featuring claimants with CFS, this study highlights how those with hidden disabilities are evaluated based on visible manifestations of their disability/emotion, medical/expert evidence, and the apparent credibility of themselves or others as witnesses. This research not only addresses a significant gap in the literature but also calls for reforms in the legal treatment of hidden disabilities, advocating for a shift away from entrenched stereotypes towards a more inclusive and equitable system.

Source: Pascale Malenfant, “Seeing is Believing: Identifying the ‘Ideal Manifestation of Hidden Disability’ in Ontario’s and Quebec’s Social Benefits Tribunals” (2026) 48:2 Dal LJ 753. https://digitalcommons.schulichlaw.dal.ca/dlj/vol48/iss2/1/ (Full text available as PDF file)

Sustained illness burden over time among Australians with myalgic encephalomyelitis/chronic fatigue syndrome

Abstract:

Background: Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) is a disabling chronic illness. Many people with ME/CFS (pwME/CFS) are unable to continue employment and require support to complete activities of daily living. Despite this, ME/CFS remains unrecognised as a disability in Australia. The present study aimed to highlight the profound burdens experienced by pwME/CFS over time to provide evidence of permanency and necessitate reforms to Australian healthcare policies.

Methods: Data were collected for this longitudinal investigation between 1st October 2021 and 3rd October 2024. All participants were Australian residents aged between 18 and 65 years fulfilling the Canadian or International Consensus Criteria. Sociodemographic information, medical history, illness presentation and patient-reported outcomes were collected using three self-administered questionnaires distributed at approximately six-month intervals. Illness presentation and patient-reported outcomes were investigated over 12 months with Cochran’s Q, Friedman and one-way repeated measures ANOVA tests using Statistical Package for the Social Sciences version 29.0. Quality of life data were compared with Australian population norms using one-sample Wilcoxon signed-rank tests.

Results: Thirty-two pwME/CFS (n = 22/32, 68.8% female) participated at all three time points. At baseline, the mean age was 44.03 years and median illness duration was 12.50 years. Participants reported a median of 30 symptoms at each time point – the most common of which were also the most severe in presentation. Importantly, there were no significant changes in any symptom or patient-reported outcome over the 12-month study period. Overall health status, physical health and the ability to participate in daily and work life activities were the most substantially impacted. Quality of life was significantly reduced among pwME/CFS when compared with population norms at all time points.

Conclusions: PwME/CFS face substantial and sustained illness burdens. These consistent, profound impairments emphasise the need for improved access to disability and social support services for pwME/CFS in Australia through policy reform.

Source: Weigel B, Eaton-Fitch N, Thapaliya K, Marshall-Gradisnik S. Sustained illness burden over time among Australians with myalgic encephalomyelitis/chronic fatigue syndrome. PLoS One. 2025 Dec 29;20(12):e0338433. doi: 10.1371/journal.pone.0338433. PMID: 41460857; PMCID: PMC12747376. https://pmc.ncbi.nlm.nih.gov/articles/PMC12747376/ (Full text)

The health and economic burden on family caregivers of persons with me/cfs diagnosis: a register data study from Norway

Abstract:

Background: Myalgic encephalomyelitis is an illness that affects the labor capability and need for services among those affected. Interventions and services for comparable illnesses are either inaccessible or ineffective for this group. Partners and parents may take on the caregiver burden, affecting their labor capability and health.

Objective: This study tested how limited treatment and support options available to persons with myalgic encephalomyelitis is associated to work participation, health, and use of public transfers among partners and parents of those affected.

Methods: We used administrative data from Norwegian patient registries from 2009 to 2018 on the diagnostic code G93.3, matched with population register income and health data from Statistics Norway. The dataset made it possible to identify a sample of partners and parents of persons with the diagnosis. The data included a control group drawn from the general population. We used optimal pair matching to construct separate datasets for pairs of matched individuals from the control group and the group of G93.3 cases, their mothers, fathers, and male and female partners.

Results: Having a partner or child with the G93.3 diagnosis contributes to strengthening traditional gender roles. Female family members worked less, and male family members worked more. Whereas female family members more often ended up depending on public transfers, male family members did so less often. All caregiver groups experienced increased personal health problems.

Conclusions: When tailoring support for the patient group, welfare services should consider how especially female family caregivers may be adversely affected by insufficient or inadequate support.

Source: Kielland, A., Liu, J. & Anthun, K.S. The health and economic burden on family caregivers of persons with me/cfs diagnosis: a register data study from Norway. Discov Public Health 22, 567 (2025). https://doi.org/10.1186/s12982-025-00936-5 https://link.springer.com/article/10.1186/s12982-025-00936-5 (Full text)

Burden of Disease in Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS): A Scoping Review

Abstract:

Objective: Myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS) is a serious chronic and complex multi-system disease characterised by symptoms such as post-exertional malaise, fatigue, cognitive impairment and pain. Diagnosis is based on international consensus criteria, and no curative treatment is available. In the USA, its prevalence is estimated at 0.42% among adults, with women affected three times as often as men. Prevalence is expected to increase due to the COVID-19 pandemic. In addition to its severe symptoms, ME/CFS has a substantial economic impact. This scoping review aimed to systematically examine the global health, social and economic burden of ME/CFS.

Methods: We conducted a systematic literature search following the Preferred Reporting Items for Systematic Reviews and Meta-Analysis extension for Scoping Reviews (PRISMA-ScR) guidelines in six databases and supplemented it with a citation search. We assessed study quality using a modified version of the Mixed Methods Appraisal Tool.

Results: We included 20 studies that assessed costs (n = 16), disability-adjusted life years (DALYs) (n = 3), employment rates (n = 1), and school attendance (n = 1) as indicators of disease burden. Reported costs per patient ranged from USD 2,916 to USD 119,611, with indirect costs accounting for the largest proportion. DALYs reported for the USA ranged from 0.714 million in 2016 to 5.77 million in 2022.

Conclusion: ME/CFS imposes a substantial health, social and economic burden of disease. Discrepancies in estimates are probably due to differences in study samples, methodologies, cost components, and healthcare systems. Because ME/CFS is assumed to be underdiagnosed, its true burden may be even higher.

Source: Vester P, Boudouroglou-Walter S, Schreyögg J, Wieting C, Blome C. Burden of Disease in Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS): A Scoping Review. Appl Health Econ Health Policy. 2025 Sep 23. doi: 10.1007/s40258-025-01006-2. Epub ahead of print. PMID: 40986167. https://link.springer.com/article/10.1007/s40258-025-01006-2 (Full text)

Health-related quality of life in Myalgic Encephalomyelitis/Chronic Fatigue Syndrome and Post COVID-19 Condition: a systematic review

Abstract:

Purpose: Myalgic Encephalomyelitis/Chronic Fatigue Syndrome (ME/CFS) and Post COVID-19 Condition (PCC) are debilitating, chronic multi-systemic illnesses that require multidisciplinary care. However, people with ME/CFS (pwME/CFS) and people with PCC (pwPCC) are often precluded from accessing necessary disability and social support services. These unmet care needs exacerbate the existing illness burdens experienced by pwME/CFS and pwPCC. To deliver appropriate care and optimise health outcomes for pwME/CFS and pwPCC, the development of evidence-based healthcare policies that recognise the disabling impacts of these illnesses must be prioritised. This systematic review summarises the health-related quality of life (HRQoL) of pwME/CFS and pwPCC when compared with healthy controls (HCs) to elucidate the impacts of these illnesses and guide healthcare policy reform.

Methods: CINAHL, Embase, MEDLINE, PubMed, PsycINFO and the Web of Science Core Collection were systematically searched from 1st January 2003 to 23rd July 2024. Eligible publications included observational studies capturing quantitative HRQoL data among pwME/CFS or pwPCC when compared with HCs. The use of validated patient-reported outcome measures (PROMs) was mandatory. Eligible studies were also required to employ the most stringent diagnostic criteria currently available, including the Canadian Consensus Criteria or International Consensus Criteria for ME/CFS and the World Health Organization case definition for PCC (PROSPERO ID: CRD42024501309).

Results: This review captured 16 studies, including eight studies among pwME/CFS, seven studies among pwPCC and one study among both illness cohorts. Most participants were female and middle-aged. All pwPCC had experienced prolonged COVID-19 symptoms for at least three months. When compared with HCs, all HRQoL domains were significantly impaired among pwME/CFS and pwPCC. Both illnesses had a salient impact on physical health, including pain and ability to perform daily and work activities. While direct comparisons between pwME/CFS and pwPCC were limited by inconsistencies in the PROMs employed, comparable impact trends across HRQoL domain scores were observed.

Conclusion: ME/CFS and PCC have similar, profound impacts on HRQoL that warrant access to multidisciplinary disability and social support services. Future research must harmonise HRQoL data collection and prioritise longitudinal investigations among pwME/CFS and pwPCC to characterise PCC subgroups (including those fulfilling ME/CFS criteria) and predictors of prognosis.

Source: Weigel B, Inderyas M, Eaton-Fitch N, Thapaliya K, Marshall-Gradisnik S. Health-related quality of life in Myalgic Encephalomyelitis/Chronic Fatigue Syndrome and Post COVID-19 Condition: a systematic review. J Transl Med. 2025 Mar 13;23(1):318. doi: 10.1186/s12967-025-06131-z. PMID: 40075382. https://translational-medicine.biomedcentral.com/articles/10.1186/s12967-025-06131-z (Full text)

What can wage development before and after a G93.3 diagnosis tell us about prognoses for myalgic encephalomyelitis?

Highlights:

•The article used public register data to assess the prognosis of G93.3 patients.
•Patient wages started declining around 3 years before the G93.3 diagnosis.
•Dependency on public transfers had started to increase 7 years before diagnosis.
•Less than 6% maintained an income of at least median wages after diagnosis.
•Very few moved from no or very low wage incomes to median wages.

Abstract:

Prognoses for persons affected by myalgic encephalomyelitis (ME) are rarely studied systematically. Existing studies are often based on smaller samples with unclear inclusion and subjective outcome criteria, and few look at wages as indicators of illness trajectories. This article considers how ME affects the wages and dependency on public transfers of people affected over time, especially in the period when the welfare authorities investigate eligibility for disability pension.
We matched Norwegian population register data on 8485 working-age individuals diagnosed with G93.3 (postviral fatigue syndrome) from 2009 to 2018 with wage and transfer data and compared male and female cases to control groups. The G93.3 population’s wages fell sharply from around 3 years before diagnosis to 1 year after and stabilized at a low level. Public transfers started increasing several years before diagnosis and stabilized at a high level after.
Few of those making no or very low income around the time of the diagnosis resumed earning moderate wages, and only exceptional cases returned to wages corresponding to median wages.
Source: Anne Kielland, Jing Liu. What can wage development before and after a G93.3 diagnosis tell us about prognoses for myalgic encephalomyelitis? Social Sciences & Humanities Open. Volume 11, 2025, 101206. https://www.sciencedirect.com/science/article/pii/S2590291124004030 (Full text)

‘You don’t want to get better’: the outdated treatment of ME/CFS patients is a national scandal

By George Monbiot

It’s the greatest medical scandal of the 21st century. For decades, patients with ME/CFS (myalgic encephalomyelitis/chronic fatigue syndrome) have been told they can make themselves better by changing their attitudes. This devastating condition, which afflicts about 250,000 people in the UK, was psychologised by many doctors and scientists, adding to the burden of a terrible physiological illness.

Long after this approach was debunked in scientific literature, clinicians who championed it have refused to let go. They continue to influence healthcare systems, governments and health insurers. And patients still suffer as a result.

Read the full article in The Guardian HERE.

NICE guideline on ME/CFS: robust advice based on a thorough review of the evidence

Abstract:

In 2021, the National Institute for Health and Care Excellence produced an evidence-based guideline on the diagnosis and management of myalgic encephalomyelitis/chronic fatigue syndrome (ME/CFS), a disabling long-term condition of unknown cause. The guideline provides clear support for people living with ME/CFS, their families and carers, and for clinicians. A recent opinion piece published in the journal suggested that there were anomalies in the processing and interpretation of the evidence when developing the guideline and proposed eight areas where these anomalies were thought to have occurred. We outline how these opinions are based on a misreading or misunderstanding of the guideline process or the guideline, which provides a balanced and reasoned approach to the diagnosis and management of this challenging condition.

Source: Barry PWKelley KTan T, et al. NICE guideline on ME/CFS: robust advice based on a thorough review of the evidence.

Inheriting discriminatory socio-political landscapes as ‘undeserving’ disabled people: The legacy of common health problems and the future for long COVID

Abstract:

The UK government’s recent announcement that the highly controversial Work Capability Assessment (WCA) will likely be abolished leaves questions of what precisely will emerge in its place. This commentary revisits a construct central to the attempted justification of the WCA, that of ‘common health problems’, which may well continue to leave a legacy in delineating purported ‘deserving’ and ‘undeserving’ impairment, ill-health and related disability. After outlining the politically strategic application of this construct in social policy, concerns are raised for long Covid. In particular, the risk of long Covid following the trajectory of another post-infection diagnosis, myalgic encephalomyelitis / chronic fatigue syndrome, is discussed.
Source: Hunt, J. (2024). Inheriting discriminatory  socio-political landscapes as ‘undeserving’ disabled people: The legacy of common health problems and the future for long COVID. Critical Social Policy0(0). https://doi.org/10.1177/02610183241229050 https://journals.sagepub.com/doi/10.1177/02610183241229050 (Full text)

Unequal access to diagnosis of myalgic encephalomyelitis in England

Abstract:

Background People with Myalgic Encephalomyelitis (ME/CFS; sometimes referred to as chronic fatigue syndrome) experience very poor health-related quality of life and only rarely recover. ME/CFS has no curative treatment and no single diagnostic test. Public health and policy decisions relevant to ME/CFS require knowledge of its prevalence and barriers to diagnosis. However, people with ME/CFS report lengthy diagnostic delays and widespread misunderstanding of their symptoms. Published prevalence estimates vary greatly by country, gender, age and ethnicity.

Methods Hospital Episode Statistics data is routinely collected by the NHS in England together with patient age, gender and ethnicity. This data, downloaded from the Feasibility Self-Service of NHS DigiTrials, was used to stratify individuals with the ICD-10 code that best reflects ME/CFS symptoms (G93.3; “Postviral fatigue syndrome”) according to their age, self-reported gender and ethnicity, General Practice and NHS England Integrated Care Board (ICB).

Results In all, 100,055 people in England had been diagnosed with ME/CFS (ICD-10:G93.3) between April 1 1989 and October 7 2023, 0.16% of all registered patients. Of these, 79,445 were females and 20,590 males, a female-to-male ratio of 3.88:1. Female relative to male prevalence peaked at about 6-to-1 in individuals’ fourth and fifth decades of life. Prevalence varied widely across the 42 ICBs: 0.086%-0.82% for females and 0.024%-0.21% for males. White individuals were approximately 5-fold more likely to be diagnosed with ME/CFS than others; black, Asian or Chinese ethnicities are associated with particularly low rates of ME/CFS diagnoses. This ethnicity bias is stronger than for other common diseases. Among active English GP practices, 176 (3%) had no registered ME/CFS patients. Eight ICBs (19%) each contained fewer than 8 other-than-white individuals with a G93.3 code despite their registers containing a total of 293,770 other-than-white patients.

Conclusion Those who are disproportionately undiagnosed with ME/CFS are other-than-white ethnic groups, older females (>60y), older males (>80y), and people living in areas of multiple deprivation. The lifetime prevalence of ME/CFS for English females and males may be as high as 0.92% and 0.25%, respectively, or approximately 390,000 UK individuals overall. This improved estimate of ME/CFS prevalence allows more accurate assessment of the socioeconomic and disease burden imposed by ME/CFS.

Source: Gemma L. Samms, Chris P. Ponting. Unequal access to diagnosis of myalgic encephalomyelitis in England. medRxiv 2024.01.31.24302070; doi: https://doi.org/10.1101/2024.01.31.24302070 https://www.medrxiv.org/content/10.1101/2024.01.31.24302070v1.full-text (Full text)