The determination of a claimant’s physical exertional capability is critical in cases involving occupational assessment. The U.S. Department of Labor has created specific categories, “sedentary,” “light,” “medium” and “heavy,” to define the physical requirements of various jobs; and the Social Security Administration utilizes the same terminology in its disability insurance program.
The importance of accurate vocational assessments in disability benefit claims cannot be overstated. A physician’s statement listing physical and mental limitations due to medical conditions are only part of the picture – the ultimate question is whether such limitations would affect someone’s ability to perform their regular occupation. That was the lesson taught in Sapp […]
If you or a loved one has fibromyalgia, you’re probably familiar with how often it is misunderstood and misdiagnosed. Unfortunately, this misunderstanding can often lead to inadequate treatment and denial of disability insurance claims. As medical understanding is improving, widespread discrediting of fibromyalgia symptoms may be waning. Those living with the syndrome in the meantime, […]
The lesson taught by Okuno v. Reliance Standard Life Ins. Co., 2016 WL 4655741 (6th Cir. September 7, 2016), is that the answer to the question posed by the title of this blog is a resounding NO. The case involved a former art director for a clothing company who became disabled on account of Crohn’s […]
On July 27, 2016, the U.S. Court of Appeals for the Seventh Circuit handed down a decision in the case of Berg v. New York Life Ins. Co. reversing an adverse judgment in the district court against DeBofsky Law’s client, Eric Berg. The court of appeals found in Berg’s favor on two significant issues: First, […]