A common thread in disability claims is how active the individual is after filing their claim. Insurance companies require claimants to complete detailed forms describing their activities, asking them how they spend their day from morning to evening, what computer systems they use, even how often they watch TV. It is important to understand that the real reason insurers want this information to prove that you are doing activities that suggest you are more functional than reported, or to identify an alternative job you can perform, so they can deny your claim.
Our clients ask us whether they need to suspend all of their social interactions, and give up gym memberships, etc. because they have a pending claim. The answer is a qualified “no”. However, your activities post-disability must match your declared limitations. For example, if you claim that you cannot sit for long durations, traveling by air to Hawaii would create a question related to your ability to sustain siting.
In a case currently under review in our office, an individual suffering from Long COVID attended a family wedding, as noted by her doctor in her record. The company denied the claim for several reasons, including its allegation that our client could not be that disabled since she went out and socialized. What they intentionally left out is the doctor’s note that indicated that our client was terribly fatigued for days after the wedding. We represent another individual whose insurance company incredibly asserted that his disability could not be that bad because he was able to attend doctor and therapeutic visits.