The post-pandemic workplace has fundamentally shifted, with remote work becoming a permanent fixture for millions of employees. However, as companies increasingly implement return-to-office (RTO) mandates, a critical question emerges: How do these mandates impact employees who rely on disability accommodations or disability insurance benefits, especially benefits under ERISA? The intersection of return-to-work requirements and disability law creates a complex web of legal, and practical considerations that both employers and employees must carefully navigate.
For disabled employees, RTO policies don’t just represent a change in environment, they can become a tipping point that insurers use to challenge or deny disability claims. Understanding the interplay between workplace demands, disability accommodations, and the definition of disability in ERISA policies is essential to protecting your rights.
This article explores how return-to-office policies intersect with ERISA-governed LTD benefits, how courts evaluate remote work versus occupational duties, and what steps employees can take to strengthen their claims and navigate insurer scrutiny.
Table of Contents
- The Rise of Return-to-Office Mandates
- Understanding Disability Benefits and Work Requirements
- The ADA and Reasonable Accommodations
- How Return-to-Office Mandates Impact Disability Benefits
- How Insurers Use RTO to Challenge Disability Claims
- The Risk of Being Reclassified as Partially Disabled
- Avoid Uncoordinated Return-to-Work Attempts
- Aligning Medical Opinions with Vocational Duties
- How to Strengthen Your ERISA Appeal
- Future Implications and Policy Considerations
- Frequently Asked Questions related to RTO and Disability / ERISA Benefit Claims
The Rise of Return-to-Office Mandates
Since 2023, major business organizations across a range of industries have been rolling back flexible work arrangements implemented during the COVID-19 pandemic, citing concerns about collaboration, company culture, and productivity. Companies like Amazon, Goldman Sachs, and JPMorgan Chase have implemented strict return-to-office policies, requiring employees to be physically present at their work locations for a minimum number of days per week or face termination.
Such mandates represent a significant shift from the pandemic-era acceptance of remote work as not just viable, but often preferable for many roles. However, for employees with disabilities who have come to rely on remote work arrangements as reasonable accommodations, and who need such arrangements in order to perform their jobs, these policies present unique challenges that extend far beyond simple workplace preferences.
Understanding Disability Benefits and Work Requirements
In addition to the Social Security disability program, many employers offer disability insurance coverage to their employees that offer economic protection if the employee is unable to perform the duties of their regular occupation. Insurers typically define an occupation based on how the job is performed in the national economy which typically means working at the employer’s place of business. Courts have ruled that workplace accommodations, either actual or hypothetical, should not be used in assessing work requirements.
One example is a case won by DeBofsky Law, Sherrell v. Sun Life Assurance Company of Canada, 2022 U.S. Dist. LEXIS 27818, 2022 WL 474206 (N.D. Ill. February 16, 2022). Sherrell involved an employee whose work entailed coordinating a consortium of cancer researchers, which included setting up and attending meetings. Due to a behavioral health condition, however, Sherrell was unable to leave her home without experiencing debilitating panic attacks.
For several years, For several years, Sherrell’s employer allowed her to work from home as an accommodation, but her employer later implemented a new policy requiring her physical attendance at work. Because Sherell was unable to meet that requirement, her employer terminated her, and she then applied for disability benefits. Although the insurer denied her claim, a federal court in Illinois overturned that decision, finding that Sherrell was unable to perform the duties of her occupation as people typically perform that occupation in the national economy..
The ADA and Reasonable Accommodations
The Americans with Disabilities Act requires employers to provide reasonable accommodations to qualified employees with disabilities, unless doing so would cause undue hardship to the business or require a significant restructuring of the employee’s job duties. While the circumstances of the COVID-19 pandemic necessitated remote work for many employees, now that the pandemic has ended, employers are increasingly removing that accommodation, especially for employees who need to work collaboratively with others or who may need to travel as part of their essential job duties. Lawyers, for example, may need to be in the courtroom or need to meet with clients in person. The same is true in other professions that rely on physical presence.
Thus, while the ADA may support an employee’s request for a remote work assignment, courts evaluate accommodation requests on a case-by-case basis, considering factors such as the nature of the work, the employee’s specific limitations, and the employer’s operational needs. Not all jobs or all disabilities will qualify for remote work accommodations. Employers retain the right to demonstrate legitimate business needs for in-person work.
How Return-to-Office Mandates Impact Disability Benefits
Return-to-office mandates can affect disability benefits in several ways, creating both risks and opportunities for beneficiaries:
Using the Accommodation Process to Document Medical and Work Limitations
The accommodation request process can provide valuable documentation of disability-related limitations. Detailed medical evidence and functional assessments required for accommodation requests can strengthen disability benefit claims by clearly establishing the connection between specific impairments and work limitations.
Keeping Records That Strengthen Your ERISA Disability Claim
Employees should maintain detailed records of their accommodation requests, medical documentation, and any communications with employers regarding RTO policies. This documentation can be crucial for both employment law claims and disability benefit determinations.
Employer Considerations: How Denied Accommodations May Support Your Claim
While employers are faced with obligations under disability law, not every accommodation request needs to be granted. In such situations, the denial of an accommodation request may bolster a claim for disability benefits because it helps the employee to prove their inability to perform the duties of their occupation.
How Insurers Use RTO to Challenge Disability Claims
Insurers may treat return-to-office policies as an opportunity to revisit or terminate long-term disability (LTD) claims. Claimants may face surveillance, file reviews, or independent medical examinations (IMEs) timed around return-to-work deadlines. These tactics aim to gather evidence suggesting the claimant is capable of working, even when that’s not the case.
Employees should be especially cautious if they receive insurer requests shortly before or after being asked to return to work, as these may signal an effort to find justification to cut off benefits.
The Risk of Being Reclassified as Partially Disabled
Another tactic used by insurers during RTO transitions is to argue that an employee is not “totally disabled” but only “partially disabled.” This is especially common when a claimant was able to perform some duties remotely.
However, being able to work in a modified, home-based setup does not mean a person can meet the full requirements of their occupation in the national economy. Courts often reject attempts to equate partial functionality with employability, especially if it’s not supported by consistent medical and vocational documentation.
Avoid Uncoordinated Return-to-Work Attempts
Employees may feel pressured to attempt a return to work in good faith, especially after accommodation disputes. However, doing so without guidance from treating providers or legal counsel can harm a disability claim.
Insurers may use a failed return as evidence of “capacity,” ignoring that the attempt was involuntary or short-lived. Claimants should consult their physician and legal counsel before attempting any return-to-work arrangement that hasn’t been medically cleared.
Aligning Medical Opinions with Vocational Duties
One of the most common pitfalls in LTD claims is a disconnect between medical opinions and the documented duties of the claimant’s occupation. Especially during RTO transitions, claimants should ensure their physician’s statements specifically address why their condition prevents them from performing the material duties of their occupation in a traditional work setting.
A functional capacity evaluation (FCE), job analysis, and consistent physician statements can help bridge this gap and avoid benefit termination.
How to Strengthen Your ERISA Appeal
If a claim is denied or benefits are terminated during an RTO transition, the appeal must be strong and well-supported. Under ERISA, the appeal is typically the last opportunity to build the administrative record before litigation.
Key components of a strong appeal include:
- Updated medical records and detailed physician narratives
- Vocational assessments or FCEs
- A clear explanation of how the claimant’s condition prevents them from performing their “own occupation”
- Documentation of accommodation requests and denials
Claimants should also be aware of deadlines for administrative appeals, which are strictly enforced under ERISA.
Future Implications and Policy Considerations
Return-to-office mandates will likely continue to evolve as employers adapt to post-pandemic workforce realities. For employees with disabilities, these shifts raise critical questions about workplace inclusion, the limits of reasonable accommodations, and how disability is defined under long-term disability plans.
As litigation around remote work accommodations and benefit denials increases, courts will continue to shape the boundaries of “own occupation” disability and how RTO policies intersect with ERISA protections.
If you’re facing a return-to-office mandate and worried about how it may affect your long-term disability claim, don’t navigate the process alone. The ERISA attorneys at DeBofsky Law have decades of experience guiding claimants through complex return-to-work disputes, claim submissions, and appeals. Contact us today to protect your rights and get the support you deserve.
Can my long-term disability benefits be terminated if I can technically work from home?
Yes. Even if you’ve worked remotely, insurers may argue you’re capable of performing your “own occupation.” But ERISA policies define occupation based on how it’s typically performed in the national economy—not your unique remote setup. If your condition prevents in-office work, you may still qualify as disabled under your policy.
What should I do if my employer denies my request to continue working remotely?
If remote work was a disability accommodation, a denial could help support a disability claim. Be sure to document the request, your employer’s response, and any medical evidence showing why in-person work is not possible. That documentation may be critical in an LTD claim under ERISA.
How do insurers use return-to-office mandates to deny or cut off benefits?
Insurers may schedule surveillance, independent medical exams (IMEs), or file reviews around RTO transitions to argue a claimant is capable of working. They may also claim that returning to any work, even part-time or from home, proves you’re not totally disabled—making it crucial to coordinate any return attempts carefully.
How do I protect my ERISA disability claim during an RTO transition?
Document everything: your symptoms, your doctor’s advice, your employer’s policies, and all communications about accommodations. Avoid attempting a return to work unless your physician clears you and you’re confident it won’t undermine your claim. And seek legal guidance if your claim is challenged.
What are my rights if my LTD claim is denied during a return-to-office dispute?
Under ERISA, you have the right to file an administrative appeal—but strict deadlines apply. That appeal is your final chance to submit medical, vocational, and legal evidence. A strong appeal can reverse a denial or set up a future lawsuit, so it’s best to work with an experienced disability attorney during this stage.
