While researching the legal background for my Sitting Disabilities: A Primer page, I spent quite a bit of time researching court cases and legal decisions related to sitting disabilities. So far, I have only been able to find one court case that directly addresses whether sitting disabilities are protected by the Americans with Disabilities Act (ADA).
However, I did find several cases from the lower courts that dealt with sitting disabilities indirectly through workplace insurance battles. In each of these cases, the court concluded that the disabled person was, in fact, disabled, and could collect disability insurance money. Still, together they make for soul-crushingly depressing reading.
- Armani v. Northwestern Mut. Life Ins. Co.: Avery Armani was an insurance company employee who injured his back while at work. He was left unable to sit for more than four hours a day, or to walk or stand for long periods. Although every healthcare provider who treated him over the next two years agreed that he was utterly unable to work, his insurance company repeatedly refused to classify him as disabled, and determined he was capable of performing sedentary work.
- Connors v. Connecticut General Life Ins. Co.: Cliff Connors was on a sales call for his company when he fell and injured his back. There ensued a ten-plus year battle with his long-term disability insurance provider. At one point, the insurance company’s own doctor evaluated Connors and concluded he had severe physical limitations and was not capable of doing much of anything. Still, he cleared Connors for full-time work.
- LaVertu v. Unum Life Insurance Company: Donna LaVertu worked as an administrative assistant before back problems caused her to stop working in 2007. Her attempts at treatment included multiple surgeries, several rounds of physical therapy, and a cocktail of medications. None of these effectively controlled her pain. She was unable to sit, stand, or walk for long. Nevertheless, her insurance company, for no readily apparent reason, decided to terminate benefits after five years.
Although all these cases are couched in the dry language of law, each one tells the story of someone in chronic pain who went up against a faceless bureaucracy. As I read them, I imagined the person at the center of the court battle.
In each case, someone spent alone and in bed. They ran the gauntlet of doctor’s visits and medical forms. And they had to prove over and over again that yes, they were still incapable of doing any meaningful work, and yes, they were still a leech.
Before the advent of my sitting disability, I might have read things differently. Most likely, I would not have paid attention to these court cases even if I was paid to do so. I was used to thinking of myself as extremely capable and didn’t spend much time worrying about those who weren’t.
I’m sorry to say that before, I might have shown more empathy to the insurance companies. Was it possible these people were capable of working, but had given up trying? Did they enjoy collecting a free check? And why were they so eager to fight for scraps?
That, I’d like to stress, was before. Since then, I have had my own drama of Corporate HR v. My Sitting Disability, and I have to say that working now seems like the easy way out.
Sure, HR departments and insurance companies vary. Still, I can’t imagine that many make the process of applying for disability super fun. I also surmise that a key insurance strategy is to keep making the disabled person prove their disability, suspecting they will eventually drop the ball. It’s only a matter of time before the insurance company has a legally justifiable reason to thin the herd.
Now, it also occurs to me that any truly disabled person might have trouble complying with an insurance company’s requirements in the first case. It doesn’t take a genius to realize that if a person is too disabled to work, they might not be physically able to jump through every bureaucratic hoop. There is something distasteful about the whole process, like pitting a blind man against an experienced marksman in an archery contest.
In many ways, I now admire the folks who are not only willing to pick a battle with an insurance company, but stick it out to the bitter end. I can’t imagine anyone would voluntarily go through years of legal battles if they had any other option. I don’t know if I could withstand years of legal battles even if I had no other option.I do commend the courage of those who were willing to go through such fights, because their court victories help pave the way for others in the same situation.
