From Canes to Tech: Proving Disability with Assistive Devices

Welcome to Season 5, Episode 33 of Winning Isn't Easy. In this episode, we'll dive into the complicated topic of "From Canes to Tech: Proving Disability with Assistive Devices."

Most people assume that using a cane, walker, or wheelchair automatically proves disability - but in ERISA claims, it’s rarely that simple. Insurance carriers don’t approve benefits just because you use an assistive device; they want to see why you need it, how it limits your daily function, and whether your medical records tell a consistent story. In this episode of Winning Isn’t Easy, disability law expert Nancy L. Cavey breaks down how assistive devices (like canes, braces, wheelchairs, and electric carts) can strengthen your Long-Term Disability claim when documented correctly. We’ll explore how to connect your device use to your medical conditions, what kind of documentation insurers actually find persuasive, and the common mistakes that can make even legitimate claims fall apart. What if your doctor prescribed a wheelchair, but the insurer still denies your claim? Does using a cane automatically mean you can’t perform sedentary work? How can you prove that your device isn’t just optional, but essential to your functioning? Nancy explains how to build the evidence trail insurers can’t ignore - linking your diagnosis, limitations, and assistive device into a clear, credible narrative. If you rely on an assistive device or wonder how it affects your eligibility for Long-Term Disability benefits, this episode will give you the clarity, strategy, and confidence to make your records work for you. Because in disability law, the story your paperwork tells can make all the difference - and Winning Isn’t Easy.

In this episode, we'll cover the following topics:

One - How Carriers View Assistive Devices

Two - Proving Medical Necessity

Three - How Specific Devices Affect Disability Claims

Whether you're a claimant, or simply seeking valuable insights into the disability claims landscape, this episode provides essential guidance to help you succeed in your journey. Don't miss it.


Listen to Our Sister Podcast:

We have a sister podcast - Winning Isn't Easy: Navigating Your Social Security Disability Claim. Give it a listen: https://wiessdpodcast.buzzsprout.com/


Resources Mentioned in This Episode:

LINK TO ROBBED OF YOUR PEACE OF MIND: https://mailchi.mp/caveylaw/ltd-robbed-of-your-piece-of-mind

LINK TO THE DISABILITY INSURANCE CLAIM SURVIVAL GUIDE FOR PROFESSIONALS: https://mailchi.mp/caveylaw/professionals-guide-to-ltd-benefits

FREE CONSULT LINK: https://caveylaw.com/contact-us/


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Need help with your Long-Term Disability or ERISA claim? Have questions? Please feel welcome to reach out to use for a FREE consultation. Just mention you listened to our podcast.

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Please remember that the content shared is for informational purposes only, and should not replace personalized legal advice or guidance from qualified professionals. 

Transcript

Nancy Cavey [00:00:00]:
 Foreign hey, I'm Nancy kb, national ERISA and individual disability attorney. Welcome to Winning Isn't Easy. Before we get started, I've got to give you a legal disclaimer. This podcast is not legal advice. The Florida Bar association says I have to tell you that. But now that I've told you that this isn't legal advice, nothing will prevent me from giving you an easy to understand overview of the disability insurance world, the games that disability carriers and plans play, and what you need to know to get the disability benefits you deserve. So, off we go. Today I am going to tackle a topic that's both practical and deeply personal for many of my clients.
 
 Nancy Cavey [00:00:51]:
 Assistive devices. Things like canes, walkers, wheelchairs, braces, and electric carts. And I want to talk about the role they play in improving your entitlement to long term disability benefits. Now, I get this question all the time, Nancy. If I use a cane, does that prove I'm disabled or my doctor prescribed a wheelchair? Won't the disability insurance company have to approve me now? And those are good questions because on the surface it would seem obvious. If you need a cane or a wheelchair just to get through the day, shouldn't that be enough? Well, unfortunately, in the world of disability insurance, the answer is not so simple. Assistive devices can strengthen your claim, but only, in my view, when used in the right way and more importantly, when your medical records back up the fact that you need them. Disability insurance carriers and plans aren't going to take your word for it.
 
 Nancy Cavey [00:01:44]:
 After all, you're not a doctor. They don't want to assume that using a device is equals disability. They want objective proof, detailed documentation, and consistency in your medical records. And if those things aren't there, the cane or the wheelchair sitting by your side won't mean much in the eyes of the disability insurance carrier plan. So that's why in this episode, I want to walk you through, no pun intended, through exactly how assistive devices can be used as evidence, what disability insurance carriers and plans are really looking for, and how each different device, like braces, walkers and wheelchairs, can shape the impact or shape the outcome rather, of your case. By the end of this episode, my goal is that you'll see why using an assistive device isn't just about personal mobility. It's about building a paper trail that connects your diagnosis, your functional limitations, and your device into the story that the insurance company just can't ignore. So let's get going.
 
 Nancy Cavey [00:02:43]:
 Let's talk about three things today. One, how disability carriers view assistive devices. Two, proving medical necessity and three How Specific devices Affect Disability Claims let's take a break for a moment before we really get into this episode.
 
 Speaker B [00:02:59]:
 Have you been robbed of your peace of mind by your disability insurance carrier? You owe it to yourself to get a copy of Robbed of your peace of Mind, which provides you with everything you need to know about the long term disability claims process. Request your free copy copy of the book@kvlaw.com today.
 
 Nancy Cavey [00:03:34]:
 Welcome back to Winning isn't how Disability Insurance Carriers or plans View the Use of Assistive Devices. So let's start with how they approach assistive devices. Now, the first thing you need to understand is that a cane, walker or cart can improve your chances of getting your benefits, but not automatically. Under your disability insurance policy or plan, you carry the burden of proof. That means it's up to you to show that you can't perform either your own occupation or any occupation, depending on where you are in your claim. Here's where the distinction matters. In the own occupation stage, the question is whether you can do the material and substantial duties of your occupation as that term is defined in the terms of the policy or plan. Unfortunately, there is no uniform definition of occupation.
 
 Nancy Cavey [00:04:26]:
 It might be as your occupation was performed for your employer in the local economy, in the national economy, or according to the Dictionary of Occupational Titles. The definition of disability may say, hey, to be disabled, you need to be unable to perform the material and substantial duties of your occupation. Or it might say unable to do the important duties of your occupation. Or it might say the inability to do one or more of the material and substantial duties of your occupation. So you need to understand those two crucial definitions. What's the definition of disability? What's the definition of occupation? Because. Because that's where the analysis begins, not only for the disability insurance carrier plan, but for you in meeting your burden of proof. Let me give you an example.
 
 Nancy Cavey [00:05:12]:
 Let's say you're a traveling salesperson and you rely on a cane or electric card after an unsuccessful back surgery. Your disability insurance carrier plan has to consider how that device affects your ability to travel, walk long distances, and perform the essential tasks of your role. Again, looking at the definition of occupation. Look at the definition of disability. Now, at the any occupation stage, the bar gets higher. But again, the definition of any occupation is going to vary from disability policy to policy, plan to plan. So you need to understand what that definition is. For example, the carrier may ask whether you can do any occupation in the national economy that's consistent with your education, skills, and background.
 
 Nancy Cavey [00:05:55]:
 Now, many people assume that Just because they can't do physical work, they could be found disabled. But carriers will often argue that you can still do sedentary work, basically sitting down. And here's where your assistive device becomes part of the equation. So go back to the traveling salesperson. You know, you might not be able to travel because of the need to use an assistive device. It might be that you have other issues with with the use of these devices that impact your transferable skills. But what disability carriers might say in this instance is, well, you have been an outside salesperson. There isn't any reason why you can sit in your wheelchair and be an inside salesperson making sales calls.
 
 Nancy Cavey [00:06:45]:
 And I know that may sound harsh, but again, that's a particular issue that gives you a clue as to how disability carriers or plans go about analyzing claims. So where they're going to start out is they're going to look at your occupation and they're going to determine the specific vocational preparation. And then they're going to say, well, this person's past occupation was X pursuant to the dot. The second thing they're going to do is they're going to look at your residual functional capacity or rfc. And that's essentially a profile of what you can and cannot do given your medical condition and the use of your device. They will have their liar for hire doctor peer review doctors cherry pick your medical records and say, well, it wasn't prescribed or they don't need it all the time, or they only need it in this situation, or if they just did this or that, they wouldn't even need that device. What they're going to do is come up with their own residual functional capacity and line that up against your occupational duties. And if there is a mismatch, as there generally is, there's going to be a wrong transferable skills analysis to other occupation.
 
 Nancy Cavey [00:07:51]:
 Let me give you an example of one mismatch that I've seen. This individual had a job that required frequent standing, but because of back issues, they could only stand for short bursts of time, even with a cane. Now that obviously should impact the carrier's analysis of whether that person could do their own occupation, but any occupation. But here's the catch. The insurance company or plan isn't going to give way to your device just because you say you use it. You they want proof. They want to see that your doctor said you needed it and why that your doctor prescribed it. And they want to understand how you use it.
 
 Nancy Cavey [00:08:28]:
 And they want to understand how the use of that device assists your ability to function. While the use of an assistive device can be powerful evidence, the carrier's analysis is always going to come back to two things. Whether you have objective medical support for the need of that device, and whether that device is linked directly to functional limitations that inhibit your ability to do your own occupation and and whether that device creates functional limitations that would impact a transferable skills analysis and ultimately the issue of whether you could do other occupations. Got it. Let's take a break. Welcome back to Winning Isn't Easy proving medical necessity for the use of an assistive device in your ERISA disability claim. Let's dig into what it takes to prove that your assistive device isn't just something that you happen to use because, but rather it's something you must use because of your medical condition. Now, disability carriers and plans are skeptical by nature.
 
 Nancy Cavey [00:09:34]:
 They're not going to take your word for it. In fact, even if you walk into the doctor's office with a cane, if your doctor doesn't put in the notes that they've prescribed it, the carrier is going to ignore it. They're going to pretend it doesn't exist. That's why proving medical necessity is crucial. I think there are five core things that carriers want to see in your records, and they all combine to work together. First, there needs to be a medical evaluation from your physician that explains your underlying condition. So let's say it's a multiple sclerosis or a failed knee replacement or arthritis. The doctor needs to say, okay, here's the underlying medical condition.
 
 Nancy Cavey [00:10:13]:
 This is why they require the device. And as part of that, number two, they need objective medical evidence. So the carrier wants to see test Results, x rays, MRIs, EMGs, nerve conduction study tests that not only document your diagnosis but back up your functional complaints. So if your records show that there's measurable weakness on exam, balance issues, loss of dexterity, that can create a clear link between your diagnosis and the need for the device, particularly if it's supported by objective medical evidence. Thirdly, there has to be a prescription without one. The carriers are often claimed your device is voluntary or optional. That's why it's not enough for a nurse to suggest a brace or for you to buy a walker on your own. The record has to include a formal prescription or recommendation.
 
 Nancy Cavey [00:10:57]:
 Number four, your record should establish your functional limitations without the device and with the device. So, for example, if you use a cane for short distances but you can't walk through a grocery store without it, that detail would matter if you rely on wrist brace to type for only 15 minutes at a time, that can matter because if you have to take the wrist brace off, you probably aren't able to type very long in that instance. So carriers want to know not only that you need the device, but how it translates into restrictions in your daily activities and work capacity and what those restrictions would look like with the use of the device. And lastly, the carrier is going to look at your treatment history. So consistency is really key. If you report numbness, weakness or balance problems at every visit and your doctor notes your reliance on the device, that reinforces your credibility. But on the other hand, if you use the device daily but never mention it to your doctor, you know the insurance carrier may or plan may argue that it's really unnecessary. It's a convenience.
 
 Nancy Cavey [00:12:01]:
 The difference between using a cane that strengthens your claim or a cane that doesn't really comes down to the paper trail. And it doesn't matter what the assistive device is. Every diagnosis should have an objective basis. The restrictions and limitations should have an objective basis. The doctor's notes prescribing the device needs to be there. Information about how that device impacts your ability to function also needs to be there. And in my view, the failure to have that type of documentation can make or break a claim that you need have an assistive device that precludes your ability to do your own occupation or any occupation. Got it? Let's take a break.
 
 Speaker B [00:12:42]:
 Are you a professional with questions about your individual disability policy? You need the Disability Insurance Claim Survival Guide for Professionals. This book gives you a call comprehensive understanding of your disability policy with tips and to dos that will assist you in submitting a winning disability application. This is one you don't want to miss. For the next 24 hours we are giving away free copies of the Disability Insurance Claim Survival Guide for Professionals. Order yours today@disabilityclaimsforprofessionals.com.
 
 Nancy Cavey [00:13:32]:
 Welcome back to Winning Isn't Easy how specific assistive devices can impact your ERISA disability claim I want to discuss how some specific assistive devices can impact your long term disability claim. Disability carriers are going to want to see an objective basis of the diagnosis, an objective basis of your restrictions and limitations, and the objective basis as to why you need an assistive device. They also want to understand how that assistive device impacts your ability to function and do not only your own occupation duties, but potentially any occupational duties. So the history of your symptoms and functionality with and without this assistive device is really crucial. And remember, of course, at the end of the day you need to have A prescription from your physician for this specific device. Let's start with braces. Now, they can be wrist braces after carpal tunnel surgery, knee braces after joint replacement, back braces for spinal instability. The carrier isn't just interested in whether you use it and how often you use it.
 
 Nancy Cavey [00:14:36]:
 They want to understand how it changes your ability to function. So, for example, you might have wrist braces, but you still struggle with repetitive hand movements, and that would undermine your ability to do sedentary office work like typing. Your medical records need to capture not only that the brace is prescribed, what it does, but what it doesn't allow or allow you to do, and that comes from you. So you need to have a really good history for your doctor at every visit about the use of that device, how often you use it, how long you use it, how it impacts your ability to function, and how you have difficulty functioning without it. How about walkers? A walker is normally prescribed because of balance problems, weakness, or pain. And on paper, the carrier may say, hey, with a walker, you can still stand, you can move around, and depending on the kind of walker you have, you can actually sit. But here's where they often overlook things. Using a walker ties up your hands.
 
 Nancy Cavey [00:15:32]:
 It limits your ability to carry items, and you can fatigue quickly using a walker. So if your job or occupation required frequent walking, climbing, or lifting, the walker itself highlights the impossibility of those tasks. But carriers are also going to examine how often you use it. Do you need it only for long distances, like the grocery store or the mall, or do you need it in your house? So the more comprehensive your medical records are about your use, in my view, the stronger your case is. How about wheelchairs? So whether it's a manual one, electric tilt in space, or a standing wheelchair, these devices can profoundly change your functional profile. For instance, a physician who once examined patients standing at an exam table can't do those tasks necessarily from a wheelchair. So carriers are going to want to look at how long you can sit, how often you need to reposition, how your upper body strength impacts your use of that chair. They're going to want to scrutinize the particular type of chair that you are using.
 
 Nancy Cavey [00:16:33]:
 Was it prescribed to address weakness from ms? Is it needed to relieve spinal pressure? These details can matter because they connect the device, your symptoms, your functionality, and your restrictions and limitations. In all these cases, braces, walkers, wheelchairs, these principles remain the same. It's not enough to say, I use the device. What matters in your medical records is the fact that there is an objective basis for the diagnosis, an objective basis for your restrictions, an objective basis for the prescription of that assistive device and very importantly, that it's prescribed and what your functional limitations are with the device in place and without it. If the record shows, for example, that even with the brace you can't perform repetitive hand task or even even with a walker, you fatigue too quickly to meet workplace demands, then the device becomes powerful evidence that your disability is real and lasting and prevents you from doing your own occupation or any occupation. And remember, carriers and plans are going to challenge you if your use is inconsistent or undocumented. If you buy a cane without a prescription, they're going to say, beth, that doesn't count. If you use your walker but you don't use it as prescribed, they're going to they'll accuse you of being non compliant.
 
 Nancy Cavey [00:17:50]:
 That's why teamwork with your physician is critical. You have to be out front with them about your limitations, consistent about reporting your symptoms and functionality, consistent in reporting to them how you use the device and how it impacts your ability to function, and consistent in reporting to them what your functionality is when you don't use the device. Being diligent in making sure your records reflect the reality of your daily life and is key to winning your disability benefits. Got it. Thanks for tuning into this week's episode of Winning Isn't Easy. If you found this episode helpful, please take a moment to like our page, leave a review, share it with your family and friends, and subscribe to this podcast. Join us next week for another insightful episode of Winning Isn't Easy. Thanks for listening.
 
 Nancy Cavey [00:18:44]:
 Sam.