Proving your entitlement to long term disability benefits often requires thinking outside the box. Medical records alone may not be enough. A frequently overlooked source of free evidence is your personnel file. Many states have laws requiring your employer to provide you with a copy of your personnel file upon request. By requesting your personnel file, you can sometimes uncover compelling new evidence of your inability to perform your job duties due to your disabling condition. This article examines why you should request your personnel file for your disability claim and how to go about it.
Understanding Your Personnel File
A personnel file is an extensive collection of documents related to your employment history. It includes your job application, resume, employment contracts, performance evaluations, attendance records, disciplinary actions, promotions, and training records. This file is a detailed account of your professional life and can provide invaluable evidence when filing a disability insurance claim.
Proof of Job Duties
A personnel file can be a very valuable source of information regarding your job’s material duties. For instance, your personnel file may contain a copy of your job description. It may also include information about required licenses and certifications. Obtaining your personnel file help establish the material duties of your job, proving your inability to perform those duties.
Performance Decline
Personnel files provide a chronological picture of your job performance before and after the onset of your disability. If your performance declined after becoming disabled, as reflected in evaluations, that drop can strongly corroborate your disability. Similarly, if you were placed on a performance improvement plan or received a written warning related to your job performance after becoming disabled, that can be compelling evidence of disability. A personnel file may also document attendance and absences, which can help prove disability if you are prone to good days and bad days.
ADA Accommodations
If you requested accommodations under the Americans with Disabilities Act (ADA), that can help your disability insurance claim. It shows that you attempted to continue working despite your disability, reinforcing your credibility. If your employer refused to provide the requested accommodations, it indicates that accommodating your condition was unreasonable. Courts have held that ERISA plan administrators cannot deny a disability claim based on hypothetical accommodations. See Saffle v. Sierra Pac. Power Co., 85 F.3d 455, 459 (9th Cir. 1996); but see Ross v. Ind. State Teacher’s Ass’n Ins. Tr., 159 F.3d 1001, 1011 (7th Cir. 1998) (ruling an ERISA plan administrator could rely on the availability of accommodations that the plaintiff’s employer had agreed to make). Additionally, if you had to stop working despite accommodations, it further supports your disability claim.
How to Request Your Personnel File
Before requesting your personnel file, research the applicable law in your state or city regarding personnel record requests. Eighteen states have laws governing what documents employers must provide and when. For example, in Illinois, employers with at least five employees must provide current and former employees with a copy of their personnel file within seven days of receiving a written request. Even if your state does not have a law regarding personnel files, your employer may have a written policy. Ensure your request is in writing. Your employer may have a specific form, so it’s a good idea to inquire.
Conclusion
Your personnel file can contain highly probative information regarding your disability claim. This includes whether your performance suffered due to your disabling condition, whether you requested accommodations, and whether those accommodations were granted. This information is often subject to mandatory disclosure laws and can be yours for free or for a minimal copying charge. Medical evidence often doesn’t tell the whole story. It’s a good idea to request your personnel file to present a fuller picture of your job duties and your difficulties performing those duties given your impairments.
If you believe your personnel file could provide valuable evidence for your disability claim, don’t wait. Contact DeBofsky Law to learn more about how we can assist you in gathering and presenting the evidence you need to secure the benefits you deserve.
