In order to win a disability claim, an applicant must show that he is no longer capable of performing the duties of his own occupation. Sometimes the medical evidence is enough. He may have physical limitations that prevent him from sitting for extended periods. He may have limitations on how much he can lift, stand, and walk.
For many disability claimants, their physical and/or mental condition doesn’t prevent them from performing their job. Their conditions do, however, prevent them from going to work on a regular basis. Vocational experts report that an employee cannot miss more than two days per month due to illness or injury and expect to retain employment.
Frequent headaches, migraines, irritable bowel syndrome, and depression, are some good examples of conditions that may cause frequent absences. There are many others. When there are no “flare ups”, the employee is entirely capable of work; when the condition flares, not so much. You can imagine just how hard it would be to stay employed after calling in sick for the tenth time in 60 days. It is not going to happen.
Nearly every employer maintains attendance logs. If you are considering a disability claim, try to obtain your employer’s attendance log for the past year. If it shows excessive absenteeism, it will be very helpful in supporting your claim. Bemis, Roach & Reed recommends that our clients keep their own personal logs as well. The logs are used to show the frequency and severity of the conditions that keep them from attending work.
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