If you are receiving disability benefits under an ERISA plan, you may view your disability insurance as a straightforward safety net. If you worked at an onsite job, claims may have been less complex. Your “Own Occupation” coverage would have kicked in to protect you.
Nevertheless, the 2020s shift to remote work gives insurance companies a powerful new tool to deny or challenge cases. How does remote work impact you?
The remote work trap
You have rights and protections as a person with disabilities. Whether your job requires you to commute, navigate offices or perform physical tasks, work can be impossible with a disability.
However, an insurer might deny your claim simply because your employer offers remote work options.T hey may claim you can perform your “own occupation” from home, even when your position requires onsite work. They may insist you can still perform your job even if you have never worked remotely.
Recent ERISA cases highlight a growing trend where insurers argue that “location” is not an integral part of an occupation. For example, take a corporate executive with an injury that prevents them from sitting in team meetings or travelling. An insurance company may deny a claim by pointing to video calling as proof they can still fulfill their duties.
Your defenses
Courts are still in the midst of addressing claims and denials based on this factor. Many recent ERISA disability cases have insurers reframing occupations to assert that you can perform them remotely. Other courts accepted remote-work reasoning when the details of the occupation remained too vague or broad.
Your best defense is to define your role precisely and enumerate the specifics of your job’s demands. This will help courts get a clearer picture of why remote work is not possible or sufficient for your role.
Tie your physical limitations to the real demands of your workplace. You may want to ensure that your medical evidence specifically addresses how your condition impairs your daily performance. One good example is if seizures affect your ability to commute.
As remote work becomes more common, insurance companies may assume it is a default accommodation. Your best counter is detailed and complete medical and occupation records. If you are facing denials with your ERISA claims, a legal professional may help you develop strategies to address insurer arguments.