Osterhout Berger Daley

COMMON QUESTIONS

A Recent Favorable Resolution Involving Lincoln

A recent favorable resolution our firm secured for a client in a disability benefits dispute with Lincoln highlights the importance of evaluating the actual demands of an occupation.

Evaluating the Actual Demands of the Occupation

A key issue was whether the client could continue performing the material and substantial duties of the occupation. Lincoln‘s evaluation did not fully account for the actual demands of the work, including the functional requirements, pace, consistency, and reliability expected in the position.

The vocational evidence focused on what the job actually required. The client’s duties were analyzed against Lincoln‘s occupational description to identify the work’s physical and cognitive demands. The record also addressed vocational assumptions that overlooked practical requirements, including sustained performance, attendance, productivity, and the ability to consistently complete essential tasks.

Connecting the Vocational and Medical Evidence

Those occupational demands were then considered alongside the medical evidence. Connecting the two provided a more complete picture of why the client’s restrictions and limitations prevented the performance of the occupation.

The matter ultimately resolved favorably for our client.

Why the Occupation Matters in a Disability Claim

This case is a good example of why a disability claim cannot always be evaluated solely by a job title or a generalized occupational description. The actual duties and functional demands of the occupation matter, particularly when the evidence shows that a claimant cannot consistently perform those duties.

Occupation-versus-job-title issues like this come up often in disability claims. If you ever have a client in a similar situation, the issues involved can be discussed with an OBD attorney.


Contact  Us

Navigating disability claims and personal injuries can be daunting. At Osterhout Berger Daley, we ensure that all crucial evidence is meticulously gathered and presented. When beneficial, we can facilitate specialized exams and secure medical opinions. Our advocacy extends to crafting compelling legal arguments that meet the definition of disability under applicable laws. As dedicated partners in your legal journey, we are committed to your well-being. Contact us for a consultation, and let’s move forward together towards resolution and peace of mind.