How Long Term Disability Carriers Ignore Pain in Determining Own Occupation Eligibility
Many Long Term Disability carriers use the Dictionary of Occupational Titles, they search and stretch definitions of “sedentary” and “light,” close to the relevant plan definition.
Additionally, carriers like Standard also ignore side effects of medication, sometimes concluding that you can discontinue the medication and be able to work.
A Long Term Disability plan’s administrator abuses its discretion when it fails to consider how the side-effects of clients’ medication impacts the client’s ability to perform their own occupation. See Draby vs. Bell South Telecom, Inc, (89F3d, 755, 741 11th Circuit 1996).
Some carriers even reject claims of side effects of medication because of the absence of information or medical records to support the impairment. If you are having side effects of medication, it is important that you tell your physician about those side effects of medication and that you document them in the activity of daily living form given to you by the Long Term Disability carrier.
Remember that if you have side effects from medication that interfere with your ability to concentrate or maintain pace, you may be unable to do a sedentary job or your own occupation. If the Long Term Disability carrier is ignoring the side effects of medication in your LTD claim, contact your ERISA attorney Nancy Cavey.