Total Disability And A Long-Term Disability ClaimThe general definition of total disability during the " own occupation period" is that you are unable to do the substantial duties of your own job because of illness or injury. When the definition of disability changes to “ any occupation” the insurance company wants you to believe that it means if you are not able to do any job then you are eligible for benefits. We believe that the “ any occupation” wording of most policies means that if you continue to be totally disabled and cannot do an equivalent job, at the equivalent level of experience and the equivalent pay scale, then you are eligible for continuing benefits into the future.
Given that much of a disability case will turn on the fact-specific application of the test of total disability, it is very importantto consider supportive medical evidence for a finding of total disability.
What Support Do You Need For “Total Disability”?
It is important to have:
You may think that it is impossible, or extremely difficult to persuade your insurance company that you qualify for LTD benefits, but you should not give up hope. With supportive medical evidence, you may have a strong case to fight.
- the assistance of the patient’s treating physician(s)
- the additional support of independent medical assessors