How has Covid-19 impacted Short Term Disability and Long Term Disability claims? An Orlando Short Term Disability claim lawyer has the answers.
Since the commencement of the Covid pandemic, our office has seen the myriad ways Short Term Disability and Long Term Disability benefit claims have been impacted. First, there is the impact of those forced out of work as a result of contracting the condition, the impact on those who contract the condition while already “on claim” and those who have been told by their physicians that because of related conditions, the risk of going to a workplace is not acceptable.
The first two (2) situations have proven to be fairly straightforward although there is clearly some significant resistance by insurance companies to accept claims which are based on Covid. This is apparently based on some concern about a precedent being set. For those already on claim, the condition becomes part of the constellation of medical conditions and symptoms which combine to disable. Insurance companies are always trying to pigeonhole a claimant into one (1) condition. As a general rule, while a claimant is on disability benefits, the policy remains in effect, and premiums are waived. This means that if new medical conditions arise or, for example, if new injuries are suffered in a subsequent motor vehicle accident, then those conditions are part and parcel of the overall medical picture as it relates to vocational capacity and disability.
This office has faced battles in those cases in the third category- the situation where the doctor keeps someone off work because of what are called “co-morbid” conditions which cause Covid to present an extra-ordinary risk, especially in the workplace. These other conditions include just about any cardiac or pulmonary condition, especially if associated with diabetes or obesity. The greater additional risk of being in a workplace presents a situation that is simply medically unacceptable. So, medical conditions which the claimant has are preventing appearance at the workplace. Being able to safely go to the workplace has to be considered one of the “material and substantial” duties of any employment.
The insurance companies we have dealt with on this subject have been intransigent. The problem is that often the claim is only for a specific period of months leading up to vaccination or other
resolution of the work situation such as accommodation by the employer. This last result is a good one but the amount of benefits at issue on other claims has not warranted a lawsuit because, quite frankly, as is true with all our clients, they want to go back to work when they can and put the episode behind them, an outcome on which we believe the insurance companies are counting.
Do You Need An Orlando Short Term Disability Claim Lawyer? Contact Us
If you have any questions about your Short Term Disability or Long Term Disability claim, please give Herbert M. Hill, P.A. a call and we would be glad to answer any questions you may have. If you would like, after discussing your case, we can set a conference. In most circumstances, that conference would be free of charge but in no circumstance would you be under any obligation to hire me nor would you feel any pressure from me to do so.
Herbert M. Hill, P.A. is a law firm located in Orlando, Florida with a practice extending throughout the state of Florida. While the vast majority of cases handled are for disability insurance benefits, areas of practice include employee benefit claims of all sorts. The firm handles any claims arising under the Employee Retirement Income Security Act (“ERISA”) for disability benefits, medical benefits, retirement benefits of any sort, including pension, 401k, termination agreements, or the like as well as claims arising under private disability policies.
