One recent Long Term disability appeal involving Unum resulted in the reinstatement of our client’s benefits.
Our client worked as an administrative office assistant. Her job involved sitting at a workstation, moving around the office, handling mail and documents, receiving visitors, and setting up and clearing conference rooms. After a combination of serious medical conditions left her unable to sustain that work, Unum terminated her Long Term disability benefits based on the conclusion that she could still perform a sedentary occupation.
Challenging the Job Classification
We challenged that conclusion by addressing both the way Unum had characterized the job and the functional limitations supported by the record.
Working with a vocational expert, we showed that the occupation, as normally performed in the national economy, was a light-duty position involving meaningful standing, walking, and the use of both hands to carry and handle materials. Her treating physician had determined that she needed a rollator for all standing and walking. Because using a rollator requires both hands to steady the device, we argued that she could not meet those requirements.
Addressing Functional Limitations
The claim also presented significant limitations even if the position were treated as sedentary. Her treating physician and her own declaration established that chronic lower-extremity swelling limited her to sitting for approximately one to one and a half hours before she needed to elevate her legs at or above waist level for roughly 45 minutes to an hour. She needed to do this for several hours throughout the day.
We presented vocational evidence that elevating the legs to that degree would remove her from the workstation and could not be accommodated within ordinary scheduled breaks.
The appeal also addressed Unum‘s other stated reasons for terminating benefits, including its reliance on a single office visit and its assertion that there were insufficient objective findings to support disability from her own occupation.
The Result
The result was the reinstatement of our client’s Long Term disability benefits.
This case was a good example of why a job’s classification does not tell the entire story. A position described as “sedentary” may still involve meaningful standing, walking, handling, or other requirements. The frequency and duration of a claimant’s limitations also matter when considering whether those requirements can be performed throughout a full workday.
If you have a client dealing with a similar dispute over job classification or functional limitations, OBD is happy to discuss the issues involved.