A Disability Insurance Company Must Consider Stress as Causing Disability
A disability insurance company must consider the effects of stress at work when evaluating a claim for disability benefits.
Our law firm focuses on disability insurance claims. We have helped many people across the nation with claims for disability benefits.
Unfortunately, insurance companies often downplay or ignore the effects of workplace stress. This is a common occurrence for those suffering from heart issues. However, federal courts have regularly found that insurance companies cannot ignore the effects of stress.
For example, a federal court in New Jersey found an insured does not need to prove a percentage certainty that a return to work would pose a risk of death or serious injury so long as there is a “medically unacceptable risk,” of a future heart attack or death.
Also, a federal court in Pennsylvania ruled in favor of a claimant suffering from cardiovascular issues. The court recognized that the insured’s cardiologist informed the insurance company on numerous occasions that the insured must avoid stress at work. According to the doctor, stress would cause life threatening complications. Still, the insurance company denied the insured’s claim. The court ultimately ruled against the insurance company for the following reasons:
- It cherry-picked the medical records by afforded too much weight to a normal stress test
- It improperly ignored the impact of work-related stress
The following is a list of general principles recognized by federal court as it pertains to stress at work:
- An insured is to be considered disabled if it is impossible to work without risk to their health.
- An insured need not flirt with death in order to receive disability benefits.
- An insurance company must consider work related stress when they contribute to claimant’s disability.
Nonetheless, it is very important your doctor’s document and opine as to the risks associated with any potential return to work. Our legal expertise can help.
Lawyers with Expertise in Disability Insurance Claims
This law firm has always focused only on disability insurance law.
Because we specialize in long term disability, our clients get the benefit of:
Having an attorney who is an expert in long term disability claims;
Having an attorney who has experience with every major disability insurance company;
Being backed by a law firm that has a proven track record of winning tough disability lawsuits.
Call Dabdoub Law Firm to get experienced disability lawyers on your side.
We can help with:
- Submitting a disability insurance claim;
- Appealing a long-term disability denial;
- Negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
The firm represents clients nationwide with disability claims governed by federal law, even if we are not located in your state.
Call to speak with an experienced disability attorney. Pay no fees or costs unless you get paid.