The short answer is “Yes;” especially if they are carefully drafted to adress disability issues. To be effective, a personal statement should be directed to an insured’s inability to perform the material duties of his/her occupation, or any occupation that one may be suited for by education, training and experience. The more detail, the better.
For many years, insurers routinely disregarded claimants’ personal statement describing their illness or occupational difficulties because the personal statement was not “medical evidence.” Or, a statement may have been disregarded because it described “subjective” symptoms, which were not “verified” by MRI’s, x-rays or diagnostic studies. In the last few years, the Ninth Circuit has been critical of insurers who have insisted on “objective evidence” to prove disabilities caused by pain and fatigue. See, Salomaa v. Honda LTD Plan, 642 F.3d 666 (9th Cir., 2011) (“Many medical conditions depend for their diagnosis on patient reports of pain or other symptoms, and some cannot be objectively established until autopsy. In neither case can a disability insurer condition coverage on proof by objective indicators such as blood tests where the condition is recognized yet no such proof is possible.”)
Recently we have seen courts accept personal statements of claimants, friends and co-workers as strong evidence of disability. See Demer v IBM Corporation LTD Plan, 835 F.3d 893 (9th Cir., 2016) (Statement by a friend attesting to side effects from medication) and Jahn –Derian v. Metropolitan Life Ins. Co., 2016 WL 1355625 (C.D. Cal., 2016) (Statement from co-worker attesting to the plaintiff’s failed attempts to work with her condition was persuasive evidence).