Invisible Disabilities Can Create Employment Barriers That Are Difficult to Document
Subjective Disorders can affect Your Long-Term disability insurance claim
You or a loved one can struggle with invisible disabilities, Marc Whitehead & Associates Partner, Britney Anne Heath McDonald Explains Invisible Disabilities and Insurance Policies on Local station CW-39 Houston
October disability awareness efforts highlight the difference between outward appearance and sustained work capacity.
Chronic pain, fatigue, mental health conditions and other illnesses can affect people differently. Some employees can continue working with appropriate support. Others experience limitations that require leave or lead them to explore disability coverage. Outward appearance alone does not establish how consistently a person can perform required duties.
“A brief conversation or a good day does not necessarily describe someone’s ability to sustain a work schedule,” said Whitehead, founder of Marc Whitehead & Associates. “The record needs to show the pattern of limitations and how that pattern relates to the demands of the job.”
For qualified employees covered by the Americans with Disabilities Act, reasonable accommodations may include schedule adjustments, leave or changes to how work is performed, depending on the circumstances and whether the accommodation would impose an undue hardship. An accommodation request and a disability benefits claim involve different legal standards; neither automatically determines the outcome of the other.
When symptoms fluctuate, documentation should accurately describe the variation. Records may explain the frequency of symptom episodes, the need for breaks, the time required to recover and the effect of treatment. A description of the person’s actual duties can help put those limitations into context.
For disability insurance claims, the policy’s definition of disability is central. For Social Security claims, the agency evaluates medical evidence and the other requirements of its program. An employee’s difficulty in a particular position does not automatically establish eligibility under either system.
How Will Subjective Disorders Affect Your Long-Term Disability Insurance Claim?
"The goal is an accurate account of what someone can and cannot do over time,” Whitehead said. “That means describing both the medical condition and the practical effect it has on work.”
See CW-39 feature here: https://cw39.com/video/invisible-disabilities-awareness-week-disability-claims-and-legal-challenges/12290243/.
About Marc Whitehead and Associates
Marc Whitehead & Associates, Attorneys at Law LLP is a Houston-based law firm representing individuals in matters involving long-term disability insurance, Social Security disability and veterans disability benefits. Founder Marc Whitehead is board-certified in Personal Injury Trial Law by the Texas Board of Legal Specialization and board-certified in Social Security Disability Law by the National Board of Trial Advocacy. For more information, visit www.disabilitydenials.com or call 866-753-6383.
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Bianca A Carrillo Bucaram
The Bucaram Public Relations Group
+1 713-898-6552
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