In California, navigating the complex landscape of disability claims can be overwhelming, especially when it comes to chronic illnesses. Many individuals facing these health challenges wonder if they can file for disability insurance while still managing to work. The short answer is yes, but several risks and nuances are involved in this process that must be understood.
Understanding Disability Insurance and Chronic Illness
Disability insurance is designed to provide financial support to individuals who are unable to work due to a disability or illness. Chronic illnesses, which are defined as conditions that persist over time and may restrict daily activities, often serve as the basis for applying for disability benefits. Common examples include rheumatoid arthritis, diabetes, lupus, chronic fatigue syndrome, and multiple sclerosis, among others.
In California, the law allows individuals with chronic illnesses to seek disability benefits even if they are still employed. However, to qualify, it’s necessary to demonstrate that the illness significantly limits one’s ability to perform key job functions. This typically involves providing medical documentation and potentially undergoing an independent medical examination.
Legal Requirements for Disability Claims in California
California law outlines specific criteria and requirements for long-term disability (LTD) claims. The applicant must show:
- Medical Evidence: Clear documentation from healthcare providers detailing the diagnosis, prognosis, and how the condition affects one’s ability to work.
- Functional Limitations: Evidence of how the chronic illness prevents the individual from performing essential job responsibilities, which might include reduced productivity, frequent absences, or the need for adaptive devices.
- Insurance Policy Terms: Understanding the specific language and terms outlined in an individual’s disability insurance policy is crucial. Policies may have different claims processes and coverage stipulations.
The Risks of Filing a Disability Claim While Working
While the law allows for the possibility of filing a disability claim while continuing to work, there are inherent risks involved:
- Potential Denial of Claim: Insurance companies may argue that if you are able to work, even part-time, you do not meet the criteria for disability benefits. They may question the severity of your chronic illness.
- Increased Scrutiny: When filing a claim while still employed, your case may receive increased scrutiny from insurance adjusters. They may demand more comprehensive proof of disability, and even a minor oversight in documentation can result in claim denials.
- Impact on Employment: Filing a claim could affect your relationship with your employer. There may be concerns regarding job security, especially if your employer is directly involved in the claims process with the insurance company.
- Misinterpretation of Capability: Insurance companies could misinterpret your ability to perform certain tasks at work as evidence that you are fully capable of working without limitation. This can be particularly problematic for individuals whose jobs allow for accommodations.
- Loss of Future Benefits: Filing a disability claim while still working could complicate future claims if your chronic illness worsens. If your initial claim is denied or contested, it may impact your eligibility for continued support.
Kantor & Kantor Advocates for Your Disability Rights
At Kantor & Kantor, we understand the complexities surrounding disability insurance claims, especially for individuals facing chronic illnesses. For over 40 years, our dedicated attorneys have fought tirelessly to help individuals secure their long-term disability benefits. We have successfully contested, litigated, and won thousands of disability cases against employers and insurance providers.
Our approach is not to settle for less; we will pursue every avenue available to protect your rights. We understand that every case is unique, and we are committed to working closely with our clients to provide tailored legal strategies. Our goal is to ensure that you receive the benefits you are entitled to without being shortchanged by quick settlements from insurance companies.
FAQs about Disability Claims for Chronic Illness
Can I file a disability claim if my employer accommodates my chronic illness?
Yes, you can still file a claim. However, you will need to demonstrate that, despite the accommodations, your condition still limits your ability to perform essential job functions.
What kinds of documentation are needed to support my claim?
Medical records, treatment summaries, and statements from healthcare providers are essential. You may also need to describe how your chronic illness impacts your daily activities.
Will filing a disability claim affect my job security?
It could, depending on your employer’s policies. Some employers may respond negatively, while others may support you in your claim.
What are common reasons for the denial of disability claims for chronic illness?
Claims can be denied due to insufficient medical evidence, misinterpretation of the ability to work, or failure to meet the insurance policy’s criteria.
How can I appeal a denied disability claim?
You have the right to appeal a denial. It’s best to consult with a knowledgeable disability attorney, such as those at Kantor & Kantor, who can help outline the next steps and build a stronger case for your appeal.
Help with Disability Insurance and Chronic Illness in CA
Filing a disability claim while still working can be a complex and risky endeavor, especially for individuals battling chronic illnesses. Understanding California’s disability laws and the specific requirements can help navigate this challenging process.
At Kantor & Kantor, we stand ready to assist you in securing the benefits you deserve, fighting diligently to protect your rights and advocate for your needs. Don’t hesitate to reach out for legal guidance; you’re not alone in this fight.
