Insurance companies will try to deny your claim in any way that they can by using LTD laws. One of the most frustrating that we’ve dealt with is when insurers say that people aren’t eligible for disability benefits because they can still do things at home such as washing clothes, running the vacuum, and preparing food.
Basically, their argument is that the simple ability to take care of yourself proves that you can work and therefore means they don’t have to give you benefits. If your claim is denied for this reason, don’t give up so quickly. Whatever they may say in their documentation to you, housework doesn’t equate to the ability to perform a full-time job, and you need to fight back.
Courts Overrule Insurers Who Say Housework Prevents Disability Eligibility
Insurers who attempt to use your ability to perform housework as a basis to deny benefits typically base their decision on information you provide them. It might be a form asking about your activities of daily living, or it could be an interviewer who comes to your house to talk to you and observe your behavior. If they see you doing things like folding laundry or cooking, they may try to use those activities against you.
When people have fought back, though, the courts continue to side with them and against insurers. Why? One court stated that people doing household chores can far more easily take breaks when they feel sick or tired than someone at a full-time job. Another said that these kinds of activities just aren’t “transferable to… the more grueling environment of the workplace.” Overall, what it boils down to is that courts have repeatedly said that disabled people shouldn’t be “penalized” for trying to live normally and that the ability to perform simple housework just doesn’t work as a reason to deny benefits.
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LTD Laws and Rulings Don’t Stop Insurers from Trying
Of course, just because insurers know that courts are going to overrule them hasn’t stopped them from continuing to try the tactic. They do it because they know that a significant number of people will simply give up after they get a denial letter. Don’t let that be you, though. If you know that you deserve benefits, work with a long term disability attorney that you trust and keep fighting for your rights.
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