The Difference Between "Own" And "Any" Occupation In A Long-Term Disability Claim

If you have been receiving long-term disability (LTD) benefits for under two years, you need to be prepared for a significant change that will affect the continuation of your benefits. If you have received a letter from the insurer warning you of this upcoming change or if your LTD benefits have been terminated after two years, Lang Lawyers can help.

What Happens To Your LTD Claim After Two Years?

When you first filed your LTD claim, you were required to prove that you suffer total disability from the essential duties of your "own occupation" — the position you had at the time. After two years, successfully passing the test for approval of benefits becomes much more difficult.

At that point in time, the criteria for approval of continued LTD benefits changes. After the two-year mark, you will need to prove that you suffer a total disability not only from your "own" occupation, but from "any occupation." For most claimants, this is alarming.

The Meaning Of "Any" Occupation Is Not So Straightforward

Contrary to how it may initially sound, "any" occupation does not mean work of any kind whatsoever. An insurer cannot cut off your benefits on the basis that you are able to work at an occupation significantly below the level of pay and prestige that you enjoyed previously.

Instead, the test of "any occupation" must be based on your previous education, training and experience. The higher the level of occupation you had before, the more difficult it will be for you to find a commensurate occupation.

As experience LTD claims lawyers, we have handled hundreds of such cases in Toronto, Ontario. We know how to navigate this challenging aspect of LTD claims and want to use your experience to defend your rights. We will analyze your case, gather and examine the right kind of evidence and find out if the insurer has made an error.

If you are being treated unfairly, we will assemble a case for you and launch a vigorous fight to have your LTD benefits continued or reinstated.

Contact Us For A Free Consultation

It costs nothing to come in for an initial consultation about your LTD claim with our lawyers. We will listen to your side and give you an assessment of your options and changes. Call us today at 800-653-6513 or email us through our online form.