How the 24-Month Mental Illness Limitation Applies When Your Long-Term Disability Insurance Claim Contains Physical and Mental Limitations

Employees in Chicago and the rest of Illinois with claims for long-term disability insurance benefits often have claims based on physical ailments and mental illnesses, as well. It is incredibly common for long-term disability insurance policies to contain 24-month limitations on benefits paid where a mental illness causes or contributes to disability. But how does the limitation apply in the case of both physical and mental limitations affecting your ability to work? A recent case highlighted how courts apply these limitations in long-term disability insurance policies.

In Weyer v. Reliance Standard Life Insurance Co., No. 23-2862, 2024 WL 3577374 (8^th Cir. July 30, 2024), Weyer suffered from a number of conditions, including chronic fatigue syndrome, Lyme Disease, migraine headaches, neurocognitive disorder, and brain fog, among others. She also had a history of anxiety and depression. When Weyer stopped working and claimed long-term disability insurance benefits, Reliance Standard approved the claim initially. However, when the policy’s definition of disability changed to the more stringent “any occupation” standard, Reliance Standard terminated benefits, contending Weyer could perform sedentary work and that her mental illness contributed to her disability. After Weyer unsuccessfully appealed, she sued Reliance Standard under ERISA § 502(a).

The United States Court of Appeals for the Eighth Circuit reviewed the district court’s grant of summary judgment to Weyer under de novo review. The Eighth Circuit found no clear error—the standard of appellate review following a de novo review by the District Court—in the District Court’s findings that there was overwhelming evidence of a physical inability to perform even sedentary work. The Eighth Circuit agreed with the District Court that even if one ignored the mental illnesses, the physical conditions would independently disable Weyer such that the 24-month limitation did not apply. It agreed that anxiety and depression were not the cause of the disability, but were results of her physical ailments. The Eighth Circuit thus affirmed the District Court’s ruling awarding benefits to Weyer.

If you have a claim for long-term disability benefits call a skilled ERISA long-term disability attorney right away.