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Barry, a corporate attorney in suburban Connecticut with emphysema, suffered from disabling symptoms, including shortness of breath, chronic coughing, extreme fatigue, dizziness, lightheadedness and neuropathy.  As his medical condition progressed, it became more and more difficult for Barry to communicate effectively with his clients and perform his job duties. His pulmonologist, seeing that his lung capacity was down to 37%, urged Barry to cease work.  

It was at this point that Barry came to Riemer Hess.

Mitch came to Riemer Hess requiring immediate assistance and the prowess of a skilled disability law team because his Short Term Disability (“STD”) had been termination for lack of proof. Termination of Mitch’s STD benefits meant that his 26-week salary continuation was immediately cut off and he had no source of income. Unfortunately, Mitch was facing the possibility of a lengthy and costly appeal. To make matters worse, he also had Long Term Disability (“LTD”) claim pending under an individual policy that was facing a denial due to lack of proof.  Mitch desperately needed the assistance of attorney Scott Riemer and immediately retained the firm after his initial consultation.

Disability insurance companies often use occupational analyses and vocational assessments to evaluate whether you can continue working despite a medical condition. Insurers often rely on these tools to argue that you can still perform your own occupation or transition into another type of work. However, insurer occupational analyses are not always accurate and may misclassify occupations, overlook cognitive or physical limitations, and minimize the real-world demands of your job.

Understanding how these evaluations work can be critical when protecting your right to long term disability benefits.

A vocational assessment can provide a detailed, expert opinion that explains why your disability prevents you from working.

A vocational expert can achieve this by:  (1) providing an accurate and comprehensive description of your job responsibilities; (2) highlighting the skills and abilities necessary to perform your job successfully; (3) clearly explaining your inability to meet particular work demands; and (4) providing an expert conclusion as to whether you can perform your own occupation or any other occupation.

Functional limitations from your disability can affect your ability to do your job and may support a disability claim. Your condition may cause limitations or restrictions that affect your job and prevent you from performing the requirements of your occupation or other occupations.  You may suffer from exertional limitations, non-exertional limitations, or a combination thereof.