Understanding the Change of Definition
You were awarded long-term disability benefits for 24 months. The insurance company then terminated your benefits arguing you could work in an occupation different from your last one.
You are not alone. This happens to many people across the country. In fact, most phone calls received by this firm from potential clients are from people facing this exact scenario.
Own Occupation vs. Any Occupation
Most group long-term disability benefit policies offered through an individual's employment include a change in the definition of disability after benefits have been paid for 24 months.
Generally, for the first 24 months of long-term disability benefits, you must prove you are disabled from performing the duties of your own occupation. After 24 months of payments, you must prove you are disabled from any occupation based on your training, education, and experience.
The insurance company will attempt to use this change in definition to identify a less demanding job that they believe you can perform in. If they do find such jobs, they will terminate your benefits.
If your benefits are terminated based on this change in definition, you have the right to appeal such a determination. You must appeal and we strongly encourage seeking legal representation to do so.
The appeal will likely be your last chance to introduce medical evidence supporting disability from any occupation. Once a final decision is made by the insurance company no additional information can be submitted. This means you cannot provide any more medical information to support your claim.
If you try to handle your appeal alone you may not know which documents should be provided to prove your disability from any occupation. Something that seems unimportant to you could be very valuable to your case. You may even unknowingly submit information that may hurt your claim.
Help from an Attorney with Expertise in Disability Insurance
Disability insurance law is complicated. If your claim for disability benefits was denied or being delayed by an insurance company, it is important to get help from a lawyer with expertise in disability law.
1. Our lawyers specialize in disability insurance;
3. Our lawyers have won tough disability insurance lawsuits;
4. Our lawyers have recovered millions in disability benefits for clients who were wrongly denied.
Because federal law applies to most disability insurance claims, we do not have to be located in your state to help.
Dabdoub Law Firm represents clients nationwide with:
- Submitting a disability insurance claim;
- Appealing a short-term or long-term disability denial;
- Negotiating a lump-sum settlement; or
- Filing a lawsuit against your disability insurance company.
Call to speak with a disability insurance attorney. No fees are costs unless clients are paid.