Can On-Call Hours Count Toward Full-Time Employment Status for Disability Claims?

The claimant was a physician, who transitioned from part-time to full-time disability due to her deteriorating health condition. But her application for long-term disability benefits, which is governed under the complex umbrella of ERISA was denied by her Insurance company - UNUM.At the heart of this dispute lies a contentious debate over the definitions of "full-time employment" versus "active employment." UNUM forwards a compelling argument, positing that the essence of full-time employment transcends the simplicity of a numerical hour threshold. According to them, it should mirror the employer's expectations and the specific demands of the occupation. They critiqued the district court's approach, accusing it of merging the distinct notions of full-time employment status with the active employment criterion, thereby diluting the stringent requirement of being a full-time employee to qualify for eligibility.This is the oral argument in the 9th circuit court of appeals.These public domain recordings are brought to you by Ben Glass Law, a national long term disability and life insurance firm headquartered in Fairfax, VA.By making these recordings into a "podcast," we've made the listening easier for claimants, attorneys and claims adjusters alike. If long term disability or life insurance benefits have been denied, we'd love to review your denial letter and give you a strategy for moving forward. This is a free service and you can go here to begin submitting your denial letter.