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How Our Lawyers Help Software Developers That Have Been Denied Disability Benefits

When it comes to a software developer long term disability benefit claim, there are several factors to keep in mind. At Dell Disability Lawyers, our long-term disability attorneys have handled hundreds of claims for professionals in the software developing field. Knowing the potential pitfalls when you claim your disability benefit is crucial for success. Disability attorneys Gregory Dell and Stephen Jessup have created tips and advice on how to best handle a software developer disability benefit claim to make sure you don’t get denied. We have represented disabled software developers from the top tech companies in the world, such as Microsoft, Oracle, Salesforce, Google, Accenture, Adobe, IBM, and Twilio.

In this article:

What Are the Specifics of a Software Developer Disability Benefit Claim?

Software developers are in high demand across multiple industries and fields. The business world, traffic and air traffic systems, tech, the gaming industry – software developing is everywhere. This is a highly sought after and often, highly demanding and complex profession. However, insurance carriers often tend to minimize the occupational duties of a software developer. This is because they assume it’s a sedentary desk job. As such, insurance companies always look to strip it all down to the lowest common denominator. If you work in an office, they will look into whether you can keep working.

software developer disability benefits claim

If it’s a mental health issue, insurance companies will look into your case differently. However, if you suffer from a physical condition such as back or neck pain, for example, the claim will be harder to get approved. Can you still do your desk job if you have chronic pain? This is what the insurance company is most likely to ask.

What Are the Risks of Not Claiming Your Disability Benefit as Soon as You Feel Unwell?

Software developers tend to have jobs that are extremely cognitively demanding. The general public – including the insurance carriers – may assume you simply sit behind a desk all day typing on your computer. That is a very superficial view. As a software developer, you have to understand complex systems. In addition, you have to be integrated with the team requiring the software. You need to know the needs of the industry and business you are working for. Moreover, you are most likely involved with several teams. You may be managing tens or even hundreds of other software developers. And typically, software developing is a well-structured effort. This means that if you are unwell or take sick leave, your team must wait for the particular piece of code only you can do. This holds up the entire project and can result in significant loss of time and resources.

software developer medical issues

What’s more, unlike in other fields, you may not be able to simply work on your own and at your own pace. Finally, software development is a field that tends to change constantly. You need the cognitive capacity and focus to keep up with the latest upgrades, new concepts, and new tech. The industry is competitive and cutthroat.

Resolved Case: Hitachi Software Engineer With Cognitive Issues Wins Two Standard Disability Benefit Appeals

How does The Standard expect a software engineer with chronic pain and cognitive issues to be able to perform the duties of his occupation? Our client was initially approved for two months of short term disability benefits and then his benefits were wrongfully denied by The Standard. Alex did two appeals in this case as he first appealed the STD disability denial and then 24 months later, the Standard denied his long term disability benefits when his definition of disability changed from own-occupation to any occupation. In this video, disability insurance attorney Alex Palamara discusses the reason that the Standard denied both his short and long term disability benefits and the strategies that he took in order to get the Standard disability denials reversed.

When Should You Seek Medical Assistance?

Because of these reasons, we always advise software developers to seek medical assistance early. If you are unable to keep up with the demands of your work because of your medical condition, it can have serious consequences. The company may let you go if you’re not performing at your best. If you are having issues because of a medical problem but continue to work, this usually poses a risk. You may be terminated from your employment for under-performance. Additionally, it will be that much harder to establish a disability claim.

As a software developer looking to file a disability benefit claim, you need to be extra cautious. If there is something that is impacting your ability to work medically, you need to take action. This will protect you in the long run.

How Much Medical Support Do You Need Before Claiming Disability?

If you have already been seeing your doctor and have a well-documented medical history, that’s an excellent start. Having MRI’s of the neck and back for comparison, for example, is very helpful. However, plenty of software developers first try to just ignore the pain or other issue they may be having. You may not have the time to go to the doctor. Or, if you’ve seen your primary care physician and they referred you to a specialist, you may not see them because you’re too busy. You may have a chronic condition and try to work through it. Unfortunately, this is one of the most common pitfalls.

MRI's of neck and back for software developer conditions

If you file a disability benefit claim cold turkey, your chances of success decrease. The insurance company will want to see your doctor visits, your treatment, your whole medical history. They will investigate whether you have been reporting your issues to the doctor. Are there notes in there about problems, perhaps side effects of medication? The insurance carrier will ask plenty of questions like that.

Resolved Case: Software Engineer Denied Disability Benefits by Principal

In this video we discuss how we were able to assist a software engineer that was denied long term disability benefits by Principal. We also provide some tips on what could have been done differently to prevent a Principal disability denial. This lawsuit against Principal was resolved with a confidential settlement.

How to Determine Your Date of Disability?

Even with well-documented and detailed medical history, the insurance carrier will have doubts about the date of your disability. Remember, diagnosis does not equal disability. When you claim disability after working with your condition for a while, the insurance carrier will be skeptical. They will pose a question: if you have been working with this condition so far, why can’t you keep working? What has changed? Why are you now disabled, if you’ve been working with your issues for a while?

This is why it’s crucial to communicate with your doctor. Make sure your physician understands they need to carefully document all the issues you have been having, treatments you have had, and problems you are experiencing. The insurance carrier may reach out to your doctor with questions. Can this person do these specific job duties? Can they do sedentary work? Or do you think this person could be restricted from working? Your doctor needs to know they may face a conversation like this and be prepared.

The medical evidence and support is crucial when you are preparing your long term disability benefit claim. Every medical condition and the impact is going to be different. However, you need to understand how insurance companies think and be prepared accordingly.

What Can You Expect from Your Disability Policy?

As a software developer, you most likely work for a large company. If that is the case, your company provides you with your disability insurance coverage as an employee benefit. This means that your disability claim is usually governed by ERISA (Employee Retirement Income Security Act). ERISA-governed policies differ from private ones in several aspects. First, if your claim is denied and it goes to court, there is no jury trial and no live testimony. In other words, you will not get to defend your case. Second, a federal judge will only be able to review your claim file, the administrative record. 

Can You Appeal a Long-Term Disability Benefit Denial?

When submitting your disability benefit claim, you want to make sure all your information is there. If your claim gets denied, you can appeal. However, for the appeal to be successful, you need to have a detailed medical history record. If you aren’t documenting your issues and your medical history well, the appeal may not hold up. You can’t simply write an appeal letter – you will need to provide additional information. When it comes to ERISA-governed claim denial cases, they will have what’s known as an arbitrary and capricious standard of review. This means that you go into court having to prove two things:

  • Your disability
  • Insurance company acting arbitrary and capricious
For the appeal to be successful, you need to have a detailed medical history record.

In layman’s terms, insurance company acting “arbitrary and capricious” means that they did not have a reasonable basis to deny your claim. The federal judge will have to make this decision. Once again, this is why it’s so crucial to have as much medical evidence and support as possible. Your claim is purely driven by documentation. The paper trail has to be long, thick, and as thorough as possible. This will give you a chance to win your case in the event of a denial and give you the best possibility of a positive outcome in trial.

Should You Seek Legal Assistance?

Let’s face it: as a software developer, you may be brilliant at your job. However, you aren’t a disability insurance expert. You don’t know how insurance carriers deal with claims. This is why our long-term disability lawyers are an excellent source of information and advice. We are happy to provide guidance and insights to make sure you can maximize your benefits. 

The best thing for you as a software developer who has a situation with a disability insurance claim is to contact us. We will provide you with an immediate free phone consultation. We will likely ask you for a copy of your policy or your denial letter if you’ve been denied. 

How Do You Stay Informed?

We want you to have as much knowledge as possible about your insurance company and the whole disability insurance claim process. The best way to do that is to search on our website for your particular disability company. When you find your company, you’ll see we have a lot of information such as reviews about your company, answered questions, resolved cases and lawsuit stories about disability benefit denials.

Browsing our archives, you will find:

  • Questions that people ask us as long-term disability lawyers
  • Our detailed answers to those questions
  • Case studies. We review hundreds of lawsuits against your particular company. By reading the reviews, you will start to understand how your company acts and how they evaluate things.

We also recommend utilizing the informational videos available on our YouTube channel. Make sure you subscribe to get up-to-date information.

When you are well-informed, your chances of a successful software developer disability benefit claim increase significantly. With the knowledge available, you will be in a better position to handle your claim or get your benefits reinstated if you’ve been denied. 

If you need further assistance, we are available to represent you anywhere in the country. 

We’re here for you in the future should you need us, and we appreciate you considering our law firm.