Long Term Disability Claim Denial Because “You May Be Able to Perform Your Past Prior Work or Other Work”
Unfortunately, Long Term Disability insurance companies deny claims for all sorts of reasons, however, Nancy Cavey, ERISA Long Term Disability denied lawyer, often sees denial letters which contain the language that your claim was denied because “there is no evidence that demonstrates that a Long Term Disability applicant can perform at a certain exertional level and remains able to perform your past, prior work or other work as proposed.” What does that mean? Long Term Disability carriers routinely will determine, based on a review of your medical records, or an analysis of your medical records by an in house nurse or peer reviewed provider that you are capable of working at least sedentary work and remain able to perform your past work.
Most Long Term Disability policies will pay benefits if you are unable to engage in your own occupation as you would perform for your employer or in a national economy. It is crucial that you obtain a copy of your job description and a DOT job description for the job as performed in the national economy.
You are going to have to develop medical evidence that shows both your physical and mental abilities. Have your physician comment on whether or not, as objective evidence, you can perform the physical or mental duties to required to complete your work. Simply saying that you cannot do the job is insufficient. At The Law Offices of Nancy L. Cavey, your Pinellas and Hillsborough County Long Term Disability lawyers, we help you and your physician document your inability to perform your own occupation or your occupation as performed in a national economy.
More often than not we will also assist you in your Social Security Disability claim. We use what is called Residual Functional Capacity forms that documents your ability to stand, sit, lift, bend and stoop. At The Law Offices of Nancy L. Cavey, we assist you in perfecting your Long Term Disability and Social Security Disability claim by showing that you cannot engage in sedentary work.
That’s not all, when appropriate, we will also have a vocational rehabilitation counselor review your job duties or the job duties as performed in the national economy and provide a report as to the impact of your limitations on your ability to perform your job duties.
Additionally, Nancy Cavey, Florida disability denied lawyer, will also in your claim’s appeal demonstrate the flaws in the Long Term Disability carrier’s vocational evidence. It is crucial that you have specific, identifiable and corroborative physical and mental limitations in attacking your Long Term Disability claims denial on the basis that you’re “able to perform your past prior work.” If your claim for Long Term Disability benefits has been denied, contact Nancy Cavey for a free Long Term Disability consultation.