Does "Disabled" mean "Totally Incapacitated"?

Many insurance companies attempt to redefine the term “disability,” employing a very subjective and harsh standard contrary to the terms of the policy. Such tactics breed the false notion that a claimant must be an invalid to be eligible for disability benefits. This creates a quandary for claimants who genuinely cannot work due their condition but feel helpless and even guilty about applying for disability. This is often the case with clients who have chronic pain. Some days their pain may be less severe than it is other days. However, continuing to adhere to regimented work schedules and demands tend to exacerbate their pain, often relegating claimants to bed rest for several days at a time to recuperate.

So what renders a claimant disabled?  The answer is simple. The inability to perform the material and substantial duties of one’s job on a consistent basis renders one disabled.  The courts have addressed the failure of insurance companies to account for a claimant’s ability to continue performing his/her job consistently on a full-time basis. Claimants with chronic illnesses will often have to miss a minimum of 2 to 3 days a month from work due to flare-ups with their condition. The accumulation of these missed days from work obviously exceeds the amount of sick leave allowed by most employers.  Therefore, whether a claimant is capable of getting out of bed every day and managing their basic needs is not the threshold requirement for determining disability status. Many claimants can continue caring for their basic needs, but only with significant accommodations and a very flexible schedule with no time demands. As we all know, the ability to complete tasks in a timely manner is vital to job performance.