Mistake 7 – Restrictions and Limitations — Standing | Clearwater Long Term Disability Attorney

As part of your long term disability statement about your restrictions and limitations you will be asked questions about your ability to stand. These will include:

1. What is the maximum number of minutes you can stand?

2. What happens after you stand that length of time?

3. What is your pain level when you stand for that long?

4. What symptoms or do you have when you stand for that long?

These are absolute questions but you really can’t give a hard and fast answer. I am sure that your ability to stand depends on whether you are having a good day or bad day, what you may have done the day before, and what medication you might be taking.

Interestingly, what’s not being asked is how you may have to alternate sitting or standing, how problems standing interfere with your ability to function, how long you can stand before you develop symptoms that interfere with your ability to engage in activities of daily living.

Aren’t those kinds of questions more relevant? As you can see, such broad-based questions are open to interpretation by you. Regardless of how you answer this question, make sure you qualify your answer so that you narrow the scope of this question.

Often, the disability insurance company will have surveillance film on you. If you say you can only stand for 15 minutes and they have film of you standing longer, you can be assured they will argue that you are not being truthful to your doctor about your abilities. They will question your doctor’s reliance on your statements about your physical abilities. Don’t fall into that trap.

Don’t be afraid to contact a long-term disability/ERISA attorney like Nancy Cavey to assist you in accurately answering questions about your restrictions and limitations so you can get your ERISA/long term disability benefits.

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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Mistake 7 – Restrictions and Limitations – Walking | Clearwater Long Term Disability Lawyer

I suggest that when you are rating your restrictions and limitations you use a scale of 1 to 10. Zero is no pain and 10 is excruciating pain that will send you to the emergency room.

This would be where I would start, but you need to come up with your own scale. This scale may be based on your level of pain, your functionality, or your need to take medication. Just make sure that you explain the scale and write it down.

With that in mind, you will be asked about your walking activity:

How much can you walk?

How far can you walk at one time?

How far or how much can you walk before your pain level increases?

How does your pain level increase?

What happens to you when you walk too far?

How much walking do you do in the course of the day taking care of your activities like taking children to school, going to the grocery store, or the doctor’s appointments?

Do you have to schedule you are walking and spread over several days?

Can you walk the mall? How far?

How often do you have to sit down when you take a walk?

Do you walk with a limp? How frequently?

Do you need a cane? Or any other assistive device while walking?

When you go grocery shopping, do you use the cart to help you walk?

Do you carry things when you walk? If so, how much does the object weigh?

Do you have good days and bad days as a result of your walking?

It is important that you think about these questions and your answers so that you can explain what you can and cannot do. You must explain how your activities are impacted by your pain and medications. You must explain good days and bad days.

And, you must never say “NEVER!” “I never walk, I never walk more than a block, I never…” I promise you that the long-term disability carrier/ERISA carrier will have a picture of you doing what you said you never did.

And, you must never say “ALWAYS!” ” I always use a cane, I always walk with a limp, I always…” I promise you that the long-term disability/carrier/ERISA carrier will have a picture of you not doing what you said always did.

Be prepared to answer questions at the continuing disability statement about your walking by being prepared by disability benefits attorney like Nancy Cavey, who can be reached at www.caveylaw.com.

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