Best Disability Attorneys in Syracuse, NY

The Two-Year Surprise. Most disability policies condition initial eligibility for benefits on proof that a claimant is unable to perform the material duties of his or her former job. A sales agent with MS who can’t stand or walk to meet with potential customers will normally qualify under this standard. The same is true of a doctor or nurse unable to use the hands and fingers to conduct patient examinations or manipulate medical equipment. The initial award of benefits typically lasts for up to two years. After that, a more stringent standard takes effect. Ongoing eligibility is no longer conditioned on an inability to perform one’s former job. It requires proof of an inability to perform any other job. Insurance carriers often terminate claims after two years. They employ medical and vocational experts trained to identify alternate jobs that a claimant can perform. A condition that prevents performance of conventional sales work may not preclude working at a desk in an office setting. Similarly, a physician who can no longer conduct patient examinations may retain the ability to earn a living as a medical consultant or by conducting peer reviews. Disability claimants can be lulled into a false sense of security when their claims are approved. They are often unpleasantly surprised when benefits are suddenly terminated after the initial eligibility period. Careful advance claim preparation with an eye on the changing eligibility standard can avoid this problem.