3 Types of Conditions That Can Qualify for Long-Term Disability
- By admin
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- 14 Jun, 2019
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An injury or illness can happen at any moment that leaves you permanently disabled and unable to work. However, which conditions commonly fall under this category? Discover three types of injuries or illnesses that you may have that can qualify you for long-term disability benefits.
1. Car Accident Injuries
Car accident injuries can range from minor cuts and bruises to major traumatic brain injuries or amputations. Car accident injuries that often qualify for long-term disability claims include the following.
Traumatic Brain Injuries
If your head or brain has suffered severe trauma, this can cause additional, long-lasting conditions such as memory loss, loss of feeling or balance, or even paralysis.
Spinal Cord Injuries
If your spinal cord received an injury from a car accident, this can cause severe damage that can leave the person partially or completely unable to function or move.
For example, some people with spinal cord injuries might have partial or complete paralysis, often on their right or left side, from the waist down, or even from the neck down. These injuries may require the injured person to use a wheelchair or a respirator.
Amputations
A car accident can cause any part of your body to require amputation. Those who require a major amputation, such as an arm or leg, can find themselves requiring long-term therapy and facing lifelong disability. An amputation may also leave them unable to work in their formal capacity, especially if they worked in physically challenging occupations.
Soft Tissue Injuries
Soft tissue injuries are injuries to your muscles, ligaments, and tendons. While many soft tissue injuries are recoverable, many can cause long-term injuries that can result in continual pain, as well as impaired mobility and function.
Emotional or Mental Injuries
If a car accident has left you with long-lasting emotional trauma, such as PTSD or depression, this can redefine your entire life. If the symptoms of PTSD, depression, or other emotional or mental injuries have left you emotionally or mentally unable to work, then you may be able to qualify for long-term disability.
If you are unsure of the differences between short-term and long-term injuries or want to know if your car accident injuries are applicable for long-term disability, a disability lawyer can help.
2. Musculoskeletal Disorders
Musculoskeletal disorders are any conditions that affect bones, muscles, tendons, ligaments, and joints. Some disorders include:
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Muscular dystrophy
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Scoliosis
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Tendonitis
Many musculoskeletal disorders that worsen over time and leave you unable to perform normal working tasks can be eligible for long-term disability. These musculoskeletal disorders can come from various causes, such as car accidents or work injuries.
If you want to know if your musculoskeletal disorder or condition is eligible for long-term disability, an attorney experienced in long-term disability can help.
3. Cancer
If you have cancer that leaves you unable to work and function normally, you may be eligible for long-term disability. Long-term disability for cancer often relates to the severity of your illness and the side effects of the cancer treatment you receive.
The side effects that can qualify you for long-term disability are long-term side effects such as nerve damage, fatigue, or heart issues. These side effects must result from the treatment you take, such as chemotherapy or radiation.
Call a Long-Term Disability Expert Today
Whether you have questions of whether you qualify for long-term disability or your long-term disability claim has been denied, rely on the professional legal services of long-term disability attorney Scott Shaffman Attorney at Law. He can help you understand why your claim might have been denied and what you need to do to file a successful long-term disability claim.
The language in a disability policy can vary from one insurance company to the next. This can make it difficult to determine exactly what your disability benefits are when you have sustained a serious injury.
Two common areas of confusion in long-term disability policies are the definitions of occupation and job duties. Legal arguments in long-term disability claims often center on the definitions of occupation and job duties, so you need to be able to understand the language in your policy if you want to know your rights.
Own-Occupation vs. Any-Occupation
When it comes to defining a disability, most policies will provide benefits for either an own-occupation disability or an any-occupation disability. If your disability policy can be classified as an own-occupation policy, you will be able to obtain benefits if you sustain an injury that prevents you from performing the duties associated with your current occupation.
This means that even if you are able to obtain a position in another occupation, you can still apply for disability benefits because of your inability to continue to work in your chosen field.
Many long-term disability policies are categorized as any-occupation policies. If the language in your policy refers to any-occupation coverage, you will only be able to access benefits if you are unable to work in any capacity.
You may need to work with your attorney to have the court qualify your policy to require the insurer to provide you with benefits if your injuries prevent you from obtaining a job for which you have sufficient education, training, or experience.
The level of disability required to obtain benefits differs between an own-occupation and an any-occupation policy, so you should know which type of language is used in your policy before you file a claim.
Material Duties vs. Substantial Duties
Long-term disability insurance policies will often state that benefits can only be obtained when a claimant is unable to fulfill the material and substantial duties of their occupation. Though it sounds like these duties are lumped together, many insurance companies evaluate them on an individual basis.
Material duties are categorized as those tasks that must be done as part of an occupation. In other words, if you couldn’t complete the material duties of your job, it would be impossible to do your job the right way.
Substantial duties are important to job performance but don't encompass the entire job description. For example, if you were a sales representative who had a stroke and lost the ability to speak, you would be unable to perform the substantial duties of your job. You may still be able to interact with clients via email, however, so not all aspects of your occupation would be impossible.
There is a lot of overlap between material and substantial duties. Your attorney should be able to establish the specific duties that you fulfill at work each day if you file a disability claim. Showing how your workday differs from a watered-down and generalized job description will help you prove your claim more effectively.
The outcome of a disability claim depends, in large part, on the specific language used in the claimant's insurance policy. Occupation descriptions, essential job duties, and what defines a disability can vary from one policy to the next.
An attorney can help you better understand whether your policy uses own-occupation or any-occupation language, and whether or not your disability limits your ability to complete material duties, substantial duties, or both.
Contact Scott E. Shaffman, Attorney At Law to schedule a free consultation so you can learn more about the specifics of your long-term disability policy.
