Long Term Disability Mistake 4

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Mistake 4 – Questions About Why You Can’t Work | Sarasota Long Term Disability Attorney

All right… you let the disability rats in. What they really want to talk about is:

1. How much you can lift?

2. Can you bend at the waist and how frequently?

3. How long can you stand?

4. How long can you sit at one time?

5. How long can you walk at one time?

6. How much can you pull?

7. Do you have any problems with your memory or concentration?

8. Do you have any problems with side effects of medication?

These questions are designed to establish that you are physically capable of doing at least a full-time sedentary, or light work. They will take answers to these questions back to your doctor and ask whether or not, based on your own admissions, you could do full-time sedentary work.  The disability carrier might even identify a full-time sedentary job and ask your doctor if you could do it.

If your doctor says that you can do full-time sedentary work, the long-term disability carrier will stop paying your disability benefits.

Most disability recipients fail to explain, when answering these questions, that their ability to function is impacted by the medication they take, the side effects of medication, and the fact that they have good days and bad days. You often take these questions literally.

Another mistake disability recipients make is to allow the disability carrier to equate your ability to lift, bend, stand, sit, walk or pull at home with the ability to do that activity in the workplace.

Another mistake disability recipients make is to make broad sweeping and generic statements about their abilities. I prefer specific examples of difficulties you have, how your abilities change based on your pain level, side effects of medication, whether you have good days or bad days, and how often.

Yet another mistake disability recipients make is failing to explain how they need to change position, may need to take naps, how their level of functioning on a good day is different from the level of functioning on a bad day, and how long it takes to recover from a bad day.

Obviously, you should consult disability Attorney Nancy Cavey before you give any continuing disability statement or allow a home visit. Failure to prepare can destroy your claim.

If you have any questions, please give us a call at 727.894.3188 or contact us online by clicking here.

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