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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