A long-term disability insurance company cannot define your occupation for you.
Long-term disability insurance policies typically pay a benefit if, through injury or sickness, you are no longer able to perform the material duties of your occupation. Insurance companies will often try to “generalize” your occupation so that it will be easier to deny benefits.
The claimant was a wine salesman for a distributor, and his job required him to deliver cases of wine weighing more than 20 pounds to stores and then to stock the shelves and create store displays. Moreover, he drove about 2,000 miles per month. He suffered a back injury.
Liberty Life Insurance Company sought to “redefine” his occupation. Rather than looking at what he actually did for a living it defined the claimant as a “sales representative” and thus evaluated his job as one requiring only a light level of exertional demand.
The court said that this was wrong.
Long Term Disability Tip: When doing an appeal of a denial of benefits, you must make all of your legal and factual arguments and put in all of your evidence. Our Atlanta long-term disability specialist can put you in the best position to make your arguments.
If you have a denial letter, give us a call . We’re happy to help, and we can connect you with our experts who can tell you what happens next.
Employer-offered disability insurance plans are governed by a set of law called ERISA: the Employee…
If you have insurance through your employer and your claim is denied, here are some…
The short and tragic answer is yes, and it happens to many disabled individuals. The…
When a long-term disability insurance company determines that it may be paying benefits for a…
If your long-term disability claim is denied and you file a lawsuit at some point,…