What determines if I have a disability?

broken shoulder for long term disability claims

In group policies, it is common that policies have regular or own occupation definitions for a specified period. Generally, this definition means you will receive benefits if you are unable to perform the main duties of the job you had at the time the disability started.

At the end of the specified period, usually two (2) years, the disability policy will change to the any occupation definition. Typically, “any occupation” means you will receive disability benefits only if you are unable to work at all. This means your illness or injury prevents you from performing the duties of any job for which you are reasonably suited based on your training, experience, and education.  This is a more difficult test to meet. 

Typically, long-term disability payments are paid until the insurer has evidence that you no longer meet the test, or if you reach age 65.

Again, it is important to consult a lawyer and review the group policy and its definitions regarding entitlement. 


Tullio A. D'Angela

Experienced Disability and Personal Injury Lawyer.

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