While every LTD insurance policy is different, the definition of disability will usually change from “own occupation” to “any occupation” after a certain number of months. This change occurs under most policies after 24 months of disability payments.
The “any occupation” definition of disability varies from policy to policy, but it is going to be something along the lines of inability to work at any occupation for which you are qualified based upon work history, education, training, and experience. Many, but not all policies, will contain an income threshold that must be met as well. This will typically be a percentage of your pre-disability earnings.
In the six months leading up to the “any occupation” transition, the insurance company is likely going to have your claim under a microscope. There will be an extensive review of your claim at this point, with the insurance company aiming to terminate benefits after 24 months. Few people get past this transition without a termination of benefits.
Having an experienced LTD attorney by your side during this process can mean the difference between having your benefits terminated or successfully navigating the “any occupation” transition with your benefits intact. Even with an experienced LTD attorney at your side, there is no guarantee that the insurance company will not terminate benefits at this stage. They often try to make their stand here. Even if an experienced LTD attorney cannot prevent termination of benefits at this stage, they can challenge the insurance company, minimize the damage, and protect crucial evidence for the upcoming appeal/lawsuit.
Other than initial denials of claims, the “any occupation” transition stage is the point in time at which most of our clients come to us needing legal representation because their benefits have been terminated. If you are getting close to the “any occupation” transition or your long-term disability insurance benefits were wrongfully terminated by an insurance company alleging you are fit to return to work at other occupations, the attorneys at Abell & Capitan Law can help. Browse our website or call us at 800-689-1056 today for a free legal consultation.