Helping Dentists Win Long-Term Disability Claims Against the Dual Occupation Defense

If you’re a dentist facing a denied long-term disability claim, you may have already encountered one of the insurance industry’s favorite tactics: the dual occupation defense.

It sounds harmless enough—almost technical—but in reality, it can be a devastating barrier to getting the benefits you’ve been paying for, often for years. The strategy is simple: the insurer tries to split your professional life into two separate “occupations” so they can argue you’re not truly disabled. And for dentists, this defense is used more than you might think.

That’s where Robinson & Warncke come in. These are attorneys who not only know the ins and outs of disability insurance law but also understand the unique realities of the dental profession. They’ve helped countless dentists dismantle this defense and secure the benefits they deserve.

What Exactly Is the Dual Occupation Defense?

Here’s how it works. Most dentists wear two hats. First, there’s the obvious one—your role as a clinician. You see patients, perform procedures, diagnose conditions, and carry out the intricate work that requires years of training and skill. But for many dentists, there’s also a second role: practice owner or manager. That side of the job might involve hiring staff, overseeing finances, or making marketing decisions.

The insurance company will argue that these two hats are actually two separate jobs. So, even if you can’t physically work on patients anymore—because of an injury, illness, or degenerative condition—they’ll say you can still do the “management” side of things. In their eyes, that means you’re not “totally disabled” and they don’t have to pay.

On paper, this argument might sound plausible. But in reality, for most dentists, the administrative side of the business is secondary. Your training, your identity, and your income are rooted in practicing dentistry, not just running a business.

Why Dentists Are Easy Targets for This Tactic

Dentistry is a high-income, high-skill profession. That alone makes it a tempting target for insurers looking to protect their bottom line. But there’s more to it. The very nature of the job—combining clinical expertise with business ownership—gives insurance companies an opening.

Most dentists naturally do some administrative work, whether that’s checking in with staff or reviewing monthly reports. If your job description isn’t crystal clear, insurers can twist those incidental duties into the narrative that you have a “second occupation.” And since many long-term disability policies have vague or broadly worded definitions of “own occupation,” they have room to maneuver.

How Robinson & Warncke Break Down the Insurer’s Case

Robinson & Warncke know the dual occupation defense inside and out. Over the years, they’ve developed a systematic approach to defeating it, one that combines legal expertise, detailed occupational analysis, and a deep understanding of how dental practices operate. It usually starts with clarifying your true occupation. They dig into your actual work life before your disability—how your days were spent, what your primary duties were, and where your income really came from. This often involves reviewing old schedules, production reports, and tax documents to show that the vast majority of your time and revenue came from direct patient care.

They also know how to use your policy to your advantage. Insurance contracts are rarely straightforward, and the specific wording can make or break your claim. Robinson & Warncke comb through your policy to identify definitions and clauses that define your occupation as it existed at the time you became disabled. If you’re a specialist—say, an orthodontist or an oral surgeon—they highlight that your “own occupation” isn’t just dentistry in general, but your specialty.

Medical evidence is another crucial piece. Insurers love to suggest that while you might not be able to hold a drill anymore, you can still sit at a desk and manage a business. That’s when Robinson & Warncke bring in medical specialists to explain, in clear and authoritative terms, why your condition impacts more than just your ability to treat patients. Functional capacity evaluations can provide objective proof of your limitations, and occupational experts can testify that your job can’t be separated neatly into two unrelated roles.

Exposing the Insurer’s Misclassification Tricks

Insurance companies are not above bending the truth to fit their argument. They might rewrite your job description to emphasize administrative tasks, ignore your specialized training, or fixate on the small percentage of your week that involved non-clinical work. Our attorneys counter this by going straight to the source—your own records. Patient logs, staff schedules, appointment books, and even witness statements from colleagues can all help prove that your occupation was overwhelmingly clinical. In other words, you weren’t just a practice manager who happened to do a little dentistry—you were a dentist who happened to oversee a practice.

From Negotiation Table to Courtroom

Sometimes the evidence is enough to get an insurer to reverse course without a fight. Other times, it takes relentless negotiation. And when those discussions stall, Robinson & Warncke are fully prepared to litigate.

For policies governed by ERISA—the federal law that covers many employer-provided disability plans—litigation can be especially complex. These cases are often decided based on the administrative record, meaning you have to get all your strongest evidence in before you ever get to court. Robinson & Warncke understand this process intimately, which is why they build your case thoroughly from the very start.

A Real-World Example

Imagine a dentist who develops severe cervical disc disease. After years of leaning over patients, the pain and numbness in their arms make it impossible to perform procedures. They file a long-term disability claim, only to be told that because they can still supervise staff and review financial reports, they’re not “totally disabled.”

In a case like this, Robinson & Warncke would start by showing that the dentist’s work was almost entirely clinical. They might produce schedules showing that 85 percent of work hours were spent treating patients, with only a small portion devoted to administrative tasks. They’d bring in medical experts to explain why even short clinical sessions would risk permanent injury. And they’d emphasize that “own occupation” in the policy referred to the physical practice of dentistry, not the incidental business duties.

Why Dentists Choose Robinson & Warncke

There’s no shortage of attorneys who handle disability claims. But dentists choose Robinson & Warncke because they combine legal precision with a genuine understanding of the dental profession. They’ve worked with enough dental clients to anticipate every move an insurer might make.

They also take the time to understand your personal story—how your disability has affected not just your career, but your life. That empathy translates into a representation that feels personal, not just procedural. And when it comes time to negotiate or litigate, they fight with a level of commitment that matches the stakes for you and your family.

Protecting Yourself Before a Claim Arises

While no one plans to become disabled, there are steps you can take now to make it harder for insurers to use the dual occupation defense against you later. Keep your job descriptions up to date and specific. Document how you spend your time. Delegate administrative tasks when possible. And have a knowledgeable attorney review your policy so you know exactly how your occupation is defined.

The dual occupation defense is clever, but it’s not unbeatable. For dentists whose livelihoods depend on their ability to practice clinically, it’s also deeply unfair. You’ve built your career around treating patients, not just managing a business, and your disability insurance should reflect that reality.

Robinson & Warncke have spent years tearing down this defense brick by brick. By establishing your true occupation, leveraging policy language in your favor, presenting compelling medical evidence, and challenging insurer misclassifications, they give you the strongest possible chance of winning your claim.

If you’re a dentist staring down a denial letter that leans on the dual occupation defense, don’t try to navigate this battle alone. With Robinson & Warncke on your side, you’ll have experienced advocates who know exactly how to turn the tide in your favor.

Schedule your free consultation today and take the first step toward protecting your career, your income, and your future.