Many long-term disability insurance policies define disability as the inability of claimants to perform with “reasonable continuity” the essential tasks and functions of their occupations for a specific period. Reasonable continuity also is a phrase that disability insurance policies often use when defining disability concerning the ability of individuals to perform any occupation that their education and training reasonably would allow. Federal courts have addressed this phrase as it applies to cases involving the denial of long-term disability benefits to provide a more precise explanation of its meaning.
For example, claimants may continue to try to work despite a disabling condition, but their symptoms continue, there are no other reasonable accommodations, and they use up all their leave time due to their health. In this situation, claimants eventually may conclude that they are unable to work with reasonable continuity. The fact that claimants chose to continue to try to work does not mean that they can perform their jobs with reasonable continuity.
Some insurers have tried to argue that if claimants have worked for a period while suffering from their medical conditions, then they must show a significant worsening in their symptoms or a change in circumstances to become eligible for long-term disability benefits. However, some courts have ruled that reasonable continuity does not require individuals to show a worsening in the severity or other changes in their conditions to qualify for benefits. Instead, they must prove only that they no longer can perform the essential functions of their jobs.
If you need to apply for long-term disability benefits, you may greatly benefit from calling us today and getting the advice that you need. Bonnici Law Group has the experience and knowledge that is invaluable when applying and qualifying for long-term disability benefits. When you need answers, contact Bonnici Law Group today at 619-259-5199. As we focus our efforts on long-term disability claims, we know how to protect your rights and build a strong demand for compensation in your case.